U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY-BULLETIN  No.  69  (Revised  I.  PAR, 


II.  \v 


FOODS  AND  FOOD  CONTROL, 

REVISED    TO    JULY     lj    1905. 


THE 

IV.     LAWS   OF    MICHIGAN,    MINNESOTA,    MISSISSIPPI 
MISSOURI,   MO  NEBRASKA,  NEVADA. 


Fniv       lit 


H  Bv%lfTV:T.T 


Chief,  Dn 


\\ 


WASH  1 

i  i;nmi  \  I    ri:i\  I 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  IV. 


H.  W.  WILEY,  Chief-. 


FOODS  AND  FOOD  CONTROL 


KEVISED    TO    vTTTI_,Y     1,    1905. 


TV.     LAWS   OF    MICHIGAN,    MINNESOTA,    MISSISSIPPI, 
MISSOURI,   MONTANA.   NEBRASKA,   NEVADA, 

AND    NEW    HAMPSHIRE. 


By   W.    D.    BIGELOW, 

'Chief,  Division  of  K""i  b. 


W  ISHINGTON 

<■<  >\  I  i:\mi  \  r   PRIN  riNG   OFFH  I 
L906 


LETTER  OF  TRANSMITTAL. 


U.  8.  Department  of  Agriculture, 

Bureau  of  Chemistry, 
Washington^  D.  C,  October  15,  1905. 
Sir;  I   have  the  honor  to  transmit  herewith  for  your  approval  a 
manuscript  containing  the  food  laws  of   Michigan,   Minnesota,   Mis- 
sissippi, Missouri,  Montana,  Nebraska,  Nevada,  and  New  Hampshire, 
this  compilation   having   been   revised   to  July   1,   1905.      I   recom- 
mend   its  publication  as   Bulletin  No.  69  (Revised),  Part  IV,  of  the 
Bureau  of  Chemistry. 
Respectfully, 

H.  \V.  Wiley,  Chief, 

Hon.  James  Wilson, 

St  CTi  in  nj  <>f  Ayr 'culture. 


CONTENTS. 


Page. 

Michigan 273 

General  food  laws 

Alcoholic  liquors 278 

Buckwheat  flour 279 

Candy 280 

Coffee  (see  General  food  laws) 

Dairy  products  and  foods  in  general 281 

Jellies,  canned  goods,  etc.  (see  General  food  laws ) 294 

Lard  (see  General  food  laws) l'!4 

Maple  products l'!4 

Meat 294 

Pepper 297 

Salt 297 

Syrup 304 

Vinegar :;i»4 

Digest  and  rulings 305 

Minnesota 309 

<  reneial  food  laws 

Alcoholic  Liquors 313 

Baking  powder 313 

Confectionery 314 

Dairy  products 314 

Boney 318 

Lard , 318 

Meats 319 

Preserves 319 

Spices 320 

rape,  ete 

Vinegar 321 

Directions  for  .-ami .ling  and  labeling 

Mississippi 

I  reneral  food  laws 324 

AJcoholicbeverages 

Missouri 327 

I  ieneral  food  laws 

alcoholic  bei  eragee 

Bread  

Candy 

Dairy  productfl 

Flour,  grain,  etc  .  

Vinegar 

Montana 

General  food  laws 

Candj 

in 


IV  CONTENTS. 

Montana — Continued.  Page. 

Dairy  products ."540 

Meat  and  milk Ml 

Water 346 

Nebraska 347 

neral  food  laws 347 

Alcoholic  beverages 351 

Cider 352 

Dairy  products 352 

Vinegar 356 

Water :;:>7 

Standards 357 

Nevada 358 

utral  food  law 358 

Candy 358 

Dairy  products 358 

Meat 360 

Water 360 

New  Hampshire 362 

General  food  laws 362 

Alcoholic  liquors 364 

(  andy 365 

Dairy  products 365 

Maple  products  and  vinegar 370 

Water  and  ice 371 


FOODS  AND  FOOD  CONTROL-IT 

Revised  to  July  1,  1905. 


IT.     Laws  of  Michigan,  Minnesota.  Mississippi,  .Missouri.   Montana. 
Nebraska,  Nevada,  and  New  Hampshire. 


MICHIGAN. 


The  food  laws  of  this  State  arc  administered  by  the  State  dairy  and 
food  commissioner.     In  response  to  a  letter  of  inquiry,  the  following 
Btatement    was    received   from   Mr.    A.    (J.    Bird,    the    present    coin 
missioner: 

In  reply  to  your  letter  o!  Angnsl  14,  I  would  say  that  after  Beven  months'  expe- 
rience as  commissioner  of  the  dairy  and  food  department  of  this  State  I  am  convinced 
that  the  Michigan  t'<><>d  and  dairy  laws  an-  very  efficient  for  the  purposes  intended 
when  properly  administered.  It  has  been  the  policy  of  the  department  under  my 
supervision  to  secure  the  cooperation  <>f  the  honest  manufacturers  and  jobbers  in  the 
enforcement  of  the  law.  The  department  has  been  successful  in  working  out  this 
plan  <»t"  cooperation,  and  it  is  my  firm  belief  that  the  Michigan  markets  are  to-da) 
more  thoroughly  rid  of  adulterated  food  products  than  ever  before. 

Along  dairy  lines  the  department  ha-  Keen  enabled  to  do  work  of  wider  BCOpe  than 
ever  l»e fore,  ow  ing  t<  i  t  he  new  Legislation  enacted  in  March  of  this  year.  [  am  send- 
ing you  under  separate  COVer  a  copy  of  a  recent  compilation  of  the  dairy  and  food 
law-  of  this  State,  which  gives  a  char  idea  of  the  possibilities  of  our  work  aloiiL' 
daiiy  line-.  The  department  now  ha-  eight  regular  inspectors  and  -even  special 
inspectors  constantly  at  work,  and  they  are  covering  the  state  most  efficiently.  The 
department  holds  monthly  educational  scorim:  contests  to  which  e\er\  creamery, 
cheese  factory,  and  private  producer  of  butter  in  the  State  is  invited  to  contribute. 

contests  are  growing  in  popularity,  and  a  great  number  of  samples  air  - 
every  i itb.     The  dairj  interests  of  the  state  have  been  greatly  benefited. 

GENEB  \l.  1  <)<>[»  I.  \\\- 

5010.  i      [dulteration  of  food  for  tale.     That  no  person  shall  within  this  Mate 
manufacture  for  -ale,  have  in  his  possession  with  intent  to  sell,  offeror  expose  for 
.-ah',  or  sell,  any  article  of  food  which  is  adulterated,  within  the  meaning  of  this  act 
At  amended  by  Ad  No.  tl8t  /'    I      •>:./•.  i/s. 

5011.  2     Food  defined.     The  term  food,  as  used  herein, -hall  include  all  articles 

n.-ed  for  f I  or  drink,  or  intended  to  be  eaten  or  'hank  by  man.  whether  simple, 

mixed  i >i  compound. 

5012.  (3)  Adulteration  defined.  \n  article  shall  he  deemed  to  be  adulterated 
within  the  meaning  of  this  act:  First,  If  an}   Bubsfcwce  or  substances  have  been 


I-.!  I »aii \  Products. 


1;74  FOODS    AND    FOOD    CONTROL. 

mixed  with  it.  so  as  to  lower  or  depreciate  or  injuriously  affect  its  quality,  strength 
<»r  purity:  Second,  If  any  inferior  or  cheaper  substance  or  substances  have  been  sub- 
stituted wholly  or  in  part  for  it;  Third,  If  any  valuable  or  necessary  constituent  or 
ingredient  has  been  wholly  or  in  part  abstracted  from  it;  Fourth,  If  it  is  an  imita- 
tion of,  or  is  sold  under  the  name  of  another  article;  Fifth,  If  it  consists  wholly  or 
in  part  of  a  diseased,  decomposed,  putrid,  infected,  tainted  or  rotten  animal  or  vege- 
table substance  or  article,  whether  manufactured  or  not,  or,  in  the  case  of  milk,  if  it  is 
the  product  of  a  diseased  animal;  Sixth,  If  it  is  colored,  coated,  polished  or  powdered, 
whereby  damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is  made  to  appear 
better  or  of  greater  value  than  it  really  is;  Seventh,  If  it  contains  any  added  sub- 
stance  or  ingredient  which  is  poisonous  or  injurious  to  health:  Provided,  That  noth- 
ing in  this  act  shall  prevent  the  coloring  of  pure  butter:  And  provided  further,  That 
the  provisions  of  this  act  shall  not  apply  to  mixtures  or  compounds  recognized  as 
ordinary  articles  or  ingredients  of  articles  of  food,  if  each  and  every  package  sold  or 
offered  for  sale  hear  the  name  and  address  of  the  manufacturer  and  be  distinctly 
labeled  under  its  own  distinctive  name,  and  in  a  manner  so  as  to  plainly  and  correctly 
show  that  it  is  a  mixture  or  compound,  and  is  not  in  violation  with  definition  fourth 
and  seventh  of  this  section. — As  amended  by  Ad  No.  118,  I'.  A.  1897,  p.  128. 

5013.  i4)  Lawful  butter  defined;  penalty.  No  person,  by  himself  or  his  agents  or 
servants,  shall  manufacture  for  sale  or  offer  or  expose  for  sale,  or  sell,  as  butter,  and 
the  Legitimate  product  of  the  dairy  or  creamery,  any  article  not  made  exclusively  of 
milk  or  cream,  but  into  which  the  oil  or  fat  of  animals  or  any  other  oils  not  produced 
from  milk,  enter-  a-  a  component  part,  has  been  introduced  to  take  the  place  of 
cream.  Whoever  violates  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  line  of  not  It  ss 
than  fifty  nor  more  than  five  hundred  dollars  and  the  costs  of  prosecution,  or  by 
imprisonment  in  the  county  jail  or  the  state  House  of  Correction  and  Reformatory 
at  Ionia  for  not  less  than  ninety  days  nor  more  than  two  years,  or  by  both  such  tine 
ami  imprisonment  in  the  discretion  of  the  court,  for  each  and  every  offense. 

5014.  (•">)  Lawful  cheea  defined;  penalty.     No  person  shall  manufacture,  deal  in.  sell. 

offer  or  expose  for  sale  or  exchange  any  article  or  substance  in  the  semblance  of 
Or  in  imitation  of  cheese  made  exclusively  of  unadulterated  milk  or  cream,  or  both, 
into  which  any  animal,  intestinal  or  offal  fats  or  oils,  or  melted  butter  in  any  condi- 
tion or  State,  or  modification  of  the  same,  or  oleaginous  substances  of  any  kind  not 
produced  from  unadulterated  milk  or  cream  shall  have  been  introduced.     Whoever 

shall  violate  the  provisions  of  this  section  shall  he  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  tine  of  not  less  than  fifty  nor 
more  than  five  hundred  dollars  and  the  costs  of    prosecution,  or  by  imprisonment  in 

the  county  jail  or  the  state  House  of  Collection  and  Reformatory  a1   [oniafornol 

LeSfi  than  ninety  days  nor  more  than  two  year.-,  or  by  both  such  line  and  imprison- 
ment in  the  discretion  of  the  court,  for  each  and  every  offense. 

5015a  (<>)  "/•'"//  milk  cheese"  to  be  branded  as  such;  registration;  penalty.  Every 
manufacturer  of  full  milk  cheese  may  pul  :i  brand  upon  each  cheese,  indicating 

'•  Full  milk  cheese,"  and    no   person   shall   use  such  a  brand   upon  any  cheese  made 

from  milk  from  which  anj  "i  the  cream  has  been  taken.  It  shall  be  the  duty  of  the 
proprietor  of  every  cheese  factory,  creamer}  or  butter  factory  in  the  state,  where 

milk  or  cream  i-  purchased  of  or  contributed  by  three  or  more  persons,  to  register 
the  location  of  such    cheese  factory,  creamery  or  butter  factory,  and    the  name  of  its 

owner  or  manager,  with  the  Dairy  and  Pood  Commissioner,  on  or  before  thefirsl 
day  of  October,  \.  I  >.  eighteen  hundred  and  ninety-seven,  and  on  or  before  the  first 

da\  of  April  in  each  year  thereafter.      Whoever  violates  anv  of  the  provisions  of  this 

section,  in  bo  far  as  it  relate-  to  registration,  -hall  be  deemed  guilty  of  a  misde- 
meanor, and  for  each  and  every  offense  shall  be  punished  by  a  line  of  not  less  than 
live   dollars   nor  more  than   t\\ent\-li\e    dollara,    and    the    COStfl    of  prosecution,    or 


MICHIGAN.  275 

by  imprisonment  in  the  county  jail  for  not  more  than  thirty  days,  or  both. — A% 
amended  by  Ad  No.  118,  P.  A.  18S7,  p.  129. 

501  (J.  (7)  Commissioner  to  issut  brands  for  cheese.  The  Dairy  and  Food  Commis- 
sioner shall  procure  and  issue  to  the  cheese  manufacturers  of  the  State,  on  proper 
application,  which  application  shall  be  made  on  or  before  the  first  day  of  October. 
A.  D.  eighteen  hundred  and  ninety-live,  and  on  or  before  the  lirst  day  of  April  in 
each  year  thereafter,  and  under  such  regulation  as  to  the  custody  and  use  thereof  as 
he  may  prescribe,  a  uniform  stencil  brand,  bearing  a  suitable  device  or  motto,  and 
the  words,  '•  Michigan  full  cream  cheese."  Every  such  brand  shall  be  used  on  the 
outside  of  the  cheese,  and  upon  the  package  containing  the  same,  and  shall  bear  a 
separate  number  for  each  separate  factory.  The  said  commissioner  shall  keep  a 
book  in  which  shall  be  registered  the  name,  location  and  number  of  each  manufac- 
tory using  the  brand,  and  the  name  or  names  of  persons  at  each  factory  authorized 
to  use  the  same.  No  such  brand  shall  be  used  on  other  than  full  cream  die- 
packages  containing  the  same.  The  commissioner  shall  receive  a  fee  of  one  dollar 
for  each  registration,  Baid  fee  to  be  paid  by  the  party  applying  for  the  same,  which 
amount  shall  be  accounted  for  and  used  as  a  part  of  the  fund  appropriated  for  the 
enforcement  of  the  laws  of  this  State,  with  which  the  Dairy  and  Food  Commissioner 
is  charged. 

&01  7.  (S)  False  brands.  No  person  shall  knowingly  offer,  sell  or  expose  for  sale. 
in  any  package,  cheese  which  is  falsely  branded  or  labeled. 

.")0ls.  (9)  Lawful  lard  defined.  No  person  shall  within  this  State  manufacture  for 
sale,  have  in  his  possession  with  intent  to  sell,  offer  or  expose  for  sale,  or  sell  as  lard 
any  substance  not  the  legitimate  and  exclusive  product  of  the  fat  of  the  hog. 

5019.  (10)  Sali  of  lard  imitations  regulated;  labels.  Every  person  who  manufac- 
tures for  sale,  has  in  his  possession  with  intent  to  sell,  offers  or  exposes  for  sale,  or 
sells,  any  substance  made  in  the  semblance  of  lard,  or  as  an  imitation  of  laid,  and 
which  consists  of  any  mixture  or  compound  of  animal  or  vegetable  ctls,  or  fats  other 
than  hog  fat.  in  the  form  of  lard,  shall  cause  the  tierce,  barrel,  tub.  pail  or  package 
containing  the  same  to  be  distinctly  and  legibly  branded  or  labeled  "  Lard  substitute 
or  compound,"  and  every  person  who  manufactures  for  sale,  has  in  his  possession 
with  intent  to  Bell,  offers  or  exposes  for  sale,  or  sell-,  any  substance  made  in  the 

semblance  of  lard  or  as  an  imitation  of  lard,  or  a-  a  substitute  for  lard,  and  which  is 
designed  to  take  the  place  of  lard,  and  which  consists  of  any  mixture  or  compound 
of  lard  with  animal  or  vegetable  oils  or  fata,  .-hall  cause  the  tierce,  barrel,  tub.  pail 
or  package  containing  the  same  to  be  distinctly  and  legibly  branded  or  labeled  either 
"Adulterated  lard,"  "Lard  compound,"  or  "Lard  substitute."  Such  brands  or 
labels  shall  be  in  letters  not  less  than  one  inch  in  length  and  shall  be  followed  with 
the  name  of  the  maker  and  factory,  and  the  location  of  such  factory. 

5020,  Ml)   Packagi n  containing  hud  substitute  to  be  labeled.     Every  dealer  or  trader 

who.  by  himself  or  agent,  or  a-   the   Servant    or  agent    of  another  person,  of;. 

exposes  for  sale,  or  sells,  any  form  of  lard  substitute  or  adulterated  lard,  as  herein- 
before defined,  shall  securely  affix  or  cans.-  to  be  a  Mixed  to  the  package  w  herein  the 

same  is  contained,  offered  for  sale  or  sold,  a  label,  upon  the*  outside  and  bee  of  which 
Is  distinctly  and  legibly  printed  In  letters  not  less  than  one-half  inch  in  length,  the 

words,   "Lard   substitute"   or   "Adulterated    lard-'   or   "Lard   compound."  or  other 

appropriate  words,  which  Bhall  correctl)  express  Its  nature  and  use. 

"iO'J  1 .  12  /'  tion  of  unlabeled  lard  substitutes.  The  having  in  possession  of  anv 
laid  substitute  or  adulterated  lard  or  lard  compound,  as  hereinbefore  defined,  w  Inch 
is  not  branded  or  labeled  as  hereinbefore  required  and  directed,  upon  the  part  of 
an>  dealer  or  trader,  or  any  person  engaged  In  the  public  sale  of  such  articles,  shall 
for  the  purpose  of  this  act  be  deemed  prima  facie  evidence  of  intent  to  sell  the  same. 

5022.  (13)   Lawful  jelly  defined;  labels;  penalty.     No  person,  firm  or  corporation 

in  this  State   -hall   manufacture  tor  -ale,  or  sell,  or  offer  01    SXp  fruit 


276  FOODS  AND  FOOD  CONTROL. 

jelly  or  fruit  butter,  any  jelly  or  imitation  fruit  butter,  or  other  similar  compound 
made  <>r  composed  in  whole  or  in  part  of  glucose,  dextrine,  starch  or  other  sub- 
stances, and  colored  in  imitation  of  fruit  jelly  or  fruit  butter;  nor  shall  any  such 
jelly,  fruit*  butter  or  compound  be  manufactured  or  sold,  or  offered  for  sale,  under 
any  name  or  designation  whatever,  unless  the  same  shall  be  composed  entirely  of 
ingredients  not  injurious  to  health  and  shall  not  he  colored  in  imitation  of  fruit  jelly, 
and  every  can,  pail  or  package  of  such  jelly  or  butter  sold  in  this  State  shall  be  dis- 
tinctly and  durably  labeled  "imitation  fruit  jelly  or  butter."  with  the  name  of  the 
manufacturer  and  the  place  where  made.  Whoever  violates  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  when  convicted  thereof  shall 
be  punished  by  a  tine  of  not  less  than  fifty  nor  more  than  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  or  state  House  of  Correction  and  Reformatory  at 
Ionia  for  not  less  than  ninety  days  nor  more  than  two  years,  or  by  both  such  line 
and  imprisonment  in  the  discretion  of  the  court. 

5023.  (14)  Canned  goods  to  be  label  d.  No  packer  or  dealer  in  preserved  or  canned 
fruits  and  vegetables,  or  other  articles  of  food  shall  sell  or  offer  for  sale  such  canned 
articles,  unless  such  articles  shall  be  entirely  free  from  substances  or  ingredients 
deleterious  to  health,  and  unless  such  articles  bear  a  mark,  stamp,  brand  or  label 
bearing  the  name  and  address  of  the  firm,  person  or  corporation  that  packs  the  same. 
All  ''soaked  or  bleached  goods,"  or  goods  put  up  from  products  dried  before  can- 
ning, shall  be  plainly  marked,  branded,  stamped  or  labeled  as  such,  with  the  words 
"Soaked  or  bleached  goods,"  in  letters  not  less  than  two-line  pica  in  size,  showing 
the  name  of  the  article  and  the  name  and  address  of  the  packer. 

.">0*J4.  ( 15)  Coffee  compounds  and  mixtures  to  /><■  labeled  as  such;  molasses  and  syrups. 
No  person  shall  manufacture  or  sell,  or  offer  for  sale,  any  manufactured  or  artificial 
coffee  berry  in  imitation  of  the  genuine  berry.  No  person  shall  manufacture,  sell. 
or  offer  or  expose  for  sale,  any  ground  or  prepared  coffee,  which  is  adulterated  with 
chicory  or  oth<  .;  substance  not  injurious  to  health,  unless  each  package  thereof  shall 
be  distinctly  labeled  or  marked  "Coffee  compound,"  together  with  the  name  and 
address  of  the  manufacturer  or  compounder  thereof,  and  has  no  other  label  of  w  hat- 
ever  name  or  designation.  No  person  shall  offer  or  expose  for  sale,  or  have  in  his 
—  ion  with  intent  to  sell,  or  sell,  any  molasses,  syrup  or  glucose,  unless  the  bar- 
rel, cask,  ke«r,  can  or  pail  containing  the  same  shall  he  distinctly  branded  or  labeled 
with  the  true  and  appropriate  name;  nor  shall  any  person  offer  or  expose  for  sale, 
have  in  hi.-   possession  with  intent    to  sell,  or  sell  any  molasses  or  >\  nip  mixed  with 

glucose,  unless  the  barrel,  cask,  keg  or  pail  containing  the  same  be  distinctly  branded 
or  labeled  "Glucose  mixture,"  and  the  percent  in  which  glucose  enters  into  its  com- 
position.   Such  barrel,  cask,  keg  or  pail  shall  be  branded  or  labeled  in  a  conspicuous 

place;  and  such  brands  or  labels  shall  be  in  letters  of  not  less  than  one-half  inch  in 
length.  Glucose  and  glucose  mixtures  shall  have  no  other  designation  than  herein 
required.     .1-  amended  by  Act  No.  118,  I'.  .1.  1897,  p.  i -"■>. 

5025.  (16)  Impure  liquor  prohibited.  No  person  shall  within  this  State  manufac- 
ture, brew,  distil,  have  or  offer  for  sale  or  Bell   any  spirituous  or  fermented  or  malt 

liquors,  containing  any  substance  or  ingredienl  not  normal  or  healthful,  to  exist  in 
spirituous,  fermented  or  mall  liquors,  or  which  may  be  deleterious  or  detrimental  to 
health  u hen  such  liquors  are  used  as  a  beverage. 

5026.  17 1  Orders  for  future  delivery  deemed  a  sale.  The  taking  of  orders,  or  the 
making  of  agreements  ot  contracts,  by  any  person,  firm  or  corporation,  or  by  any 
agent  or  representative  thereof,  for  the  future  deliver)  of  any  of  the  articles,  prod- 
ucts, goods,  wares  or  merchandise  embraced  within  the  provisions  of  this  act,  shall 
be  deemed  a  Bale  within  the  meaniug  of  this  act 

5027.  I  18)  False  branding  or  labeling.  Whoever  shall  falsely  brand,  mark.  Btencil 
or  label  any  article  or  product  required  by  this  ad  to  be  branded,  marked,  stenciled 

.  led,  or  shall  remove,  alter,  deface,  mutilate,  obliterate,  imitate  or  counterfeit 
any  brand,  mark,  stencil  or  label  bo  required,  shall  be  deemed  guilty  of  a  misde- 


MICHIGAN.  277 

meaner,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars  and  the  costs  of  prosecution,  or  by 
imprisonment  in  the  county  jail  or  State  Bouse  of  Correction  and  Reformatory  at 
Ionia  tor  not  less  than  six  months  nor  more  than  three  years,  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court  for  each  and  every  offene 

5028.  I  19)  Penalties.  Whoevershall  do  any  of  the  acts  or  things  prohibited,  or 
wilfully  neglect  or  refuse  to  do  any  of  the  acts  or  tilings  enjoined  by  1 1 1 i-  act,  or  in 
any  way  violate  any  of  its  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
where  no  specific  penalty  is  prescribed  by  this  act  shall  be  punished  by  a  fine  of  1 1< » t 
less  than  twenty-five  nor  more  than  live  hundred  dollars,  "r  by  imprisonment  in  the 
county  jail  for  a  period  of  not  more  than  ninety  .lay-,  or  by  both  such  tine  and 
imprisonment  in  the  discretion  of  the  court. — A*  amended,  Art   \o.  //;,  P.   A. 

p.  168. 

5029.  (20)  Enforcement  of  law.  It  shall  be  the  duty  of  the  Dairy  and  Food  Com- 
missioner of  the  State  to  investigate  all  complaints  of  violations  of  this  act.  and  take 
all  steps  necessary  t<>  its  enforcement.  It  shall  be  the  duty  of  all  prosecuting  officers 
of  this  State  to  prosecute  to  completion  all  suits  brought  under  the  provisions  of  this 
act  upon  the  complaint  of  the  commissioner  or  of  any  citizen.  It  shall  be  the  duty 
of  all  food  inspectors  in  cities  to  examine  all  complaints  made  to  them  of  violation 
of  this  act,  and  to  render  assistance  in  enforcing  its  provisions.  It  shall  also  be  the 
duty  of  all  health  boards  in  cities  and  health  officers  in  townships  to  take  cognizance 
of  and  report  or  prosecute  all  violations  of  this  act  that  maybe  brought  to  their 
notice,  or  they  may  have  cognizance  of,  within  their  jurisdiction. 

P.  A.  L895;  Compiled  haws.  vol.  2,  p.  L685. 

11404.  Unwholesome  provisions*     If  any  person  shall  knowingly  sell  any  kind  of 

diseased,  corrupted  or  unwholesome  provision-  whether  for  meat  or  drink,  without 
making  the  same  fully  known  to  the  buyer,  he  shall  be  punished  by  imprisonment 
in  the  county  jail  not  more  than  six  mouth-,  or  by  line  not  exceeding  two  hundred 
dollars. 

114().>.  Penalty  for  fraudulent  adulteration  of  food.  If  any  person  shall  fraudulently 
adulterate,  for  the  purpose  of  sale,  any  Bubstance  intended  for  food,  or  any  wine, 
spirits,  malt  liquor,  or  other  liquor  intended  for  drinking,  he  shall  be  punished  by 
imprisonment  in  the  county  jail  not  more  than  one  year,  or  by  fine  not  exceeding 
three  hundred  dollars,  ami  the  article  so  adulterated  -hall  be  forfeited  and  destroy*  d. 

1 14<M>.  Penalty  for  fraudulent  adulteration  of  drugs.  If  any  person  shall  fraudulently 
adulterate,  for  the  purpose  of  gale,  any  drug  or  medicine,  in  such  manner  as  to  ren- 
der the  same  injurious  to  health,  he  -hall  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  one  year,  or  by  lim-  m >i  exceeding  four  hundred  dollar-,  and  such 
adulterated  drugs  ami  medicines  shall  be  forfeited  and  destroyed. 

1 142(>.  Addition  of  injurious  ingredients  />>  joint.  No  person  shall  mix.  color,  stain 
or   powder,    or  order  or   permit    any   other   person    t<»   mix,    color,    stain   or    powder 

any  article  of  food  with  any  ingredient  or  matt-rial  bo  a-  to  render  tin-  article  inju- 
rious to   health,  with   the   intent   that    the   -aim-  may  be  -old;  and   Q0  person  shall 

knowingl}  .-ell  or  offer  for  -ale.  any  Buch  article  bo  mixed,  colored,  stained  or 
powdered 

1 11*27.  [ddition  of  foreign  ingredients  to  drugs.  No  person  shall,  except  for  the 
purpose  of  compounding  in  the  necessary  preparation  of  medicine,  mix,  color,  stain 
<»r  powder.  ..i  order  or  permit  any  other  p  >reon  to  mix,  color,  -tain  or  powder  any 
drug  or  medicine  w  ith  an\  ingredient  or  ingredients  or  materials  affect  inju- 

riousl)  the  quality  or  potency  of  micfa  drug  or  medicine,  w  ith  intent  to  sell  the  same, 
or  shall  sell  or  offer  for  -ale  any  -uch  drug  or  medicine  bo  mixed,  colored,  Btained  or 
pow  dered. 

Not  under  jurisdiction  ol  i  air)  and  food  commissioner. 


278  FOODS  AND  FOOD  CONTROL. 

11 42s.  FrauduU  ,,t  <  i  <b  i  Iteration  of  food  or  drugs;  labels.  No  person  shall  mix,  color, 
stain  or  powder  any  article  of  food,  drink  or  medicine,  or  any  article  which  enters 
into  the  composition  of  food,  drink,  or  medicine,  with  any  other  ingredient  or  mate- 
ria], whether  injurious  to  health  or  not,  for  the  purpose  of  gain  or  profit,  or  sell  or 
offer  the  same  for  sale,  or  order  or  permit  any  other  person  to  sell  or  offer  for  Bale 
any  article  so  mixed,  colored,  stained  and  powdered,  unless  the  same  be  bo  manu- 
factured, used  or  sold,  or  offered  for  sale  under  its  true  and  appropriate  name,  and 
notice  that  the  same  is  mixed  or  impure  is  marked,  printed  or  stamped  upon  each 
package,  roll,  parcel,  or  vessel  containing  the  same,  bo  as  to  be  and  remain  at  all 
times  readily  visible,  or  unless  the  person  purchasing  the  same  is  fully  informed  by 
the  seller  of  the  true  name  and  ingredients  (if  other  than  such  as  are  known  by  the 
common  name  thereof),  of  such  article  of  food,  drink  or  medicine  at  the  time  of 
making  sale  thereof  or  offering  to  sell  the  same. 

11421).  GltLCose  and  oleomargarine,  etc.,  as  adulterants;  labels.  No  person  shall  mix 
any  glucose  or  grape  sugar  with  syrup,  honey  or  sugar  intended  for  human  food,  or 
any  oleomargarine,  suine,  beef  fat,  lard,  or  any  other  foreign  substance,  with  any 
butter  or  cheese  intended  for  human  food,  or  shall  mix  or  mingle  any  glucose  or 
grape  sugar  or  oleomargarine  with  any  article  of  food,  without  distinctly  marking, 
stamping  or  labeling  the  article,  or  the  package  containing  the  same,  with  the  true 
and  appropriate  name  of  such  article,  and  the  percentage  in  which  glucose  or  grape 
sugar,  oleomargarine  or  suine.  enter  into  its  composition  ;  nor  shall  any  person  sell, 
or  offer  for  sale,  or  order,  or  permit  to  be  sold,  or  offered  for  sale,  any  such  food  into 
the  composition  of  which  glucose,  or  grape  sugar,  or  oleomargarine,  or  suine  has 
entered,  without  at  the  same  time  informing  the  buyer  of  the  fact,  and  the  propor- 
tions in  which  such  glucose  or  grape  sugar,  oleomargarine  or  suine  ha-  entered  into 
its  composition. 

11430.  Penalty.  Any  person  convicted  of  violating  any  provision  of  any  of  the 
foregoing  sections  of  this  act  shall  be  fined  not  more  than  fifty  dollars  or  imprisoned 
in  the  county  jail  not  exceeding  three  months. 

L1431.  Prosecutions.  It  is  hereby  made  the  duty  of  the  prosecuting  attorney-  of 
this  state  to  appear  for  the  people  and  to  attend  to  the  prosecution  of  all  complaints 
under  this  act  in  all  the  courts  in  their  respective  counties. 

Compiled  Laws,  1897,  vol.  :>>,  pp.  3404  and  3409. 

Sec.  l.  Food  products  containing  preservatives  must  be  so  labeled.     No  person,  firm  or 

corporation  shall  manufacture,  sell,  offer  for  sale,  expose  for  sale,  or  have  in  hi-  pos- 
!i  with  intent  to  sell,  any  food    product   containing  benzoic  acid  or  benzoate  of 

sodium,  or  any  other  harmless  preservative,  unless  cadi  ami  every  package  contain- 
ing the  same  shall,  iti  the  condition  in  which  it  is  exposed  for  sale,  be  distinctly,  con- 
spicuously, and  legibly  branded,  labeled  or  marked,  in  plain  English  letters,  with 
the  words  "Prepared  with"  followed  by  the  proper  English  name  of  the  preserva- 
tive used:  Provided ,  Thai  nothing  in  this  act  shall  be  construed  to  prohibit  or  regu- 
late, by  branding  <>r  otherwise,  the  use  as  a  preservative  of  common  Bait,  Byrup, 
BUgar,  Bait  petre,  Bpices,  alcohol,  vinegar  or  wood  smoke:  And  provided  further, 
That  the  provisions  of  this  act  shall  not  apply  to  dairy  products. 

9b  2.  Penalty.  Whoever  -hall  do  any  of  the  act-  or  things  prohibited,  or  neglect 
or  refuse  to  do  any  of  the  acts  or  things  required  by  this  act,  or  in  any  waj  violate 
any  of  its  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished by  a  tine  n«»t  less  than  ten  dollars  nor   more   than   one   hundred  dollar-.  >>v  h\ 

imprisonment  in  the  county  jail  fora  period  of  nol  more  than  ninety  days,  or  by 

both  such  line  and  imprisonment  in  the  discretion  of  the  court. 

Tin-  act  i-  ordered  to  take  immediate  effect. 

Approved  February  24,  1906.     Public  Act-  1905  (No.  7],  p.  9. 


MICHIGAN.  279 

ALCOHOLIC  LIQUORS.* 

5403.  (25)  Adulteration  of  liquors  declared  a  misdemeanor;  penalty.  If  any  person 
shall  adulterate  any  spirituous  or  alcoholic  liquors  used  or  intended  for  drink  by 
mixing  the  same  in  the  manufacture  or  preparation  thereof,  or  by  process  of  rectify- 
ing, or  otherwise,  with  any  deleterious  drag,  substance,  or  liquid,  which  is  poison- 
ous or  injurious  to  health,  except  as  hereinafter  provided,  or  if  any  person  shall  sell, 
or  offer  to  sell,  any  wine,  or  spirituous,  or  alcoholic  liquors,  or  shall  import  into  this 
State  any  wine  or  Bpiritnous  or  intoxicating  liquors,  and  shall  sell  or  offer  for  sale 
such  liquors,  knowing  the  same  to  be  adulterated,  or  shall  sell  or  offer  to -ell  any 
spirituous  or  intoxicating  liquors  from  any  barrel,  cask  or  other  vessel  containing  the 
same,  and  not  branded  as  hereinafter  provided,  he  shall  be  deemed  guilty  of  a 
mixlemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  tine  not  exceeding 
five  hundred  dollars,  nor  less  than  fifty  dollars,  and  shall  be  imprisoned  in  the  jail 
of  the  county  not  more  than  six  months  nor  less  than  ten  days. 

.>404.  |  L'fi  >  I'm'  liquors  to  be  labeled.  It  shall  be  the  duty  of  every  person  or  per- 
sons engaged  in  the  manufacture  and  sale  of  malt,  spirituous  or  alcoholic  liquors,  or 
in  rectifying  01  preparing  the  same  in  any  way.  to  brand  on  each  barrel,  cask,  or 
other  vessel  containing  the  same,  the  name  or  names  of  the  person,  company,  or  linn 
manufacturing,  rectifying,  or  preparing  the  same,  and  also  these  words,  "  Pure  and 
without  drugs  or  poison." 

5405.  (27)  Salt  of  unbranded  liquors.  No  person  shall  sell  at  wholesale  or  retail 
any  ale,  rum.  wine,  or  other  malt  or  spirituous  liquors  from  any  barrel,  cask  or 
vessel  unless  the  same  .-hall  have  been  branded  and  marked  as  aforesaid. 

5406.  28     Possession  of  unbranded  packages.     If  any  barrel,  cask  or  other 
containing  any  drugged  or  poisoned  liquor  shall  be  found  in  the  possession  of  any 
wholesale  or  retail  dealer  in  liquors,  or  in  the  possession  of  any  person  holding  him- 
self out  as  such  a  dealer,  it  shall  be  deemed  prima  facie  evidence  of  tin-  violation  of 
the  provisions  of  this  act. 

.">407.  i  2f»  i  False  branding.  Any  person  who  shall  put  into  any  ban-el.  cask  or 
other  vessel,  branded  or  marked  a-  required  by  this  act,  any  liquors  drugged  or 
adulterated  a-  aforesaid,  or  who  shall  sell  or  offer  for  sale  any  such  liquors,  for  the 
purpose  and  with  the  intent  of  deceiving  any  person  in  the  sale  thereof,  or  -hall 
violate  any  of  the  provisions  of  sections  twenty -six.  twenty-seven  or  twentj  -eight  of 
this  act  shall  !•<•  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  a-  provided  in  section  twenty-five  of  this  act. 

.">4os.  30  Exemptions.  The  provisions  of  this  act  shall  not  be  so  construed  as  to 
prevent  druggists,  physicians,  and  persons  engaged  in  the  mechanical  ait-  from  com- 
pounding Liquors  for  medicinal  and  mechanical  purpoe 

Extract  from  Act  No.  sis,  i«.  a.  1887;  Compiled  Laws.  1897,  vol.  2,  p.  i:»>o. 

BUCKWHEAT  FLOUR 

Sac.  l.  Compound  flour  must  bt  labeled.  Within  this  State  no  person  shall  manufac- 
ture, offeror  expose  for  sale,  keep  in  possession  with  intent  to  -,.11, ,,,-  s,.n  guy  ground 
buckwheat  containing  any  product  of  wheat,  com.  rice  or  other  foreign  substance, 
unit— each  and  every  package  thereof  be  distinctly  and  legibly  branded  or  labeled 
"  Buck*  heat  Flour  Compound"  In  letters  not  less  than  one-half  inch  in  length  and 

be  followed  with  the  name  of  the  maker  a  in  I  lad  or  \  and  the  location  of  SQCh  factors 

•_'.  Style  of  labels.     Any  brand  or  label  herein  required  shall  bean  Inseparable 
part  "I  the  general  or  distinguishing  label,  and  such  label  -hall  be  that  principal  and 

conspicuous  Bign  under  which  it  is  -old.  and  any  other  label  or  printed  matter  upon 

the  package  shall  not  be  in  contravention  "i  the  requirements  of  this 


i  leneral  I I  Laws,  - 


280  FOODS  AXD  FOOD  CONTROL. 

:;.   Possession  evidena  of  intent  to  sell.     The  having  in  possession  of  any  bock- 
wheat  flour  compound,  which  ia  not  branded  or  labeled  as  hereinbefore  required 

and  directed  upon  the  part  of  any  person  engaged  in  the  public  or  private  sale  of 
such  article,  shall,  for  the  purpose  of  this  act,  be  deemed   prima  facie  evidence  of 

intent  to  sell  the  same. 

S»  .  4.  Contracts,  orders,  etc.,  deemed  a  sale.  The  taking  of  orders  or  the  making  of 
agreements  or  contract  by  any  person,  firm  or  corporation  or  by  any  agent  or  repre- 
sentative thereof,  for  the  future  delivery  of  buckwheat  Hour  compound  shall  be 
deemed  a  sale  within  the  meaning  of  this  act. 

Sk.  .  :>.  /',  ,„ilti/.  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neglect 
or  refuse  to  do  any  of  the  acts  or  things  enjoined  by  this  act,  or  in  any  way  violate 
any  of  the  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished by  a  fine  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than  thirty  nor  more 
than  ninety  days  or  by  both  such  line  and  imprisonment  in  the  discretion  of  the 
court. 

Sec.  6.  Repeal-.  Act  number  eighty-four  of  the  public  acts  of  eighteen  hundred 
ninety-seven,  entitled  "An  act  to  prohibit  and  prevent  adulteration,  fraud  and 
deception  in  the  manufacture  and  sale  of  buckwheat  flour,"  being  sections  four 
thousand  nine  hundred  ninety-four  to  five  thousand  two,  both  inclusive,  of  the 
Compiled  LAWS  of  one  thousand  eight  hundred  ninety-seven  is  hereby  repealed. 

Public  Acts  1903,  Xo.  208,  p.  309. 

CANDY. 

11409.  (1)  Addition  of  injurious  ingredients;  }>eti(tltn.  That  any  person  or  persons 
manufacturing  for  sale  or  knowingly  selling  or  offering  to  sell  any  candies  or  confec- 
tioneries adulterated  by  the  admixture  of  terra  alba,  barytes,  talc,  or  other  earthy 
or  mineral  nibstances,  or  any  poisonous  colors,  flavors  or  extracts,  or  other  deleteri- 
ous ingredients  detrimental  to  health,  shall,  upon  proper  conviction  thereof,  before 
a  court  of  competent  jurisdiction,  be  punished  by  a  line  of  not  less  than  ten  nor  more 
than  one  hundred  dollars,  or  imprisonment  in  the  county  jail  not  less  than  ten  nor 
more  than  thirty  days,  or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court. 

114-10.  (2)  Complaint  and  prosecutions.  It  is  hereby  made  the  duty  of  the  local 
health  officer  Or  local  board  of  health  having  jurisdiction  thereof  to  investigate  with- 
out unnecessary  delay  all  complaints  that  may  be  properly  brought  before  them  and 

containing  fait-  as  supported  by  affidavit  of  the  parties  complaining  of  the  adultera- 
tion or  sale  of  adulterated  candies  or  confectioneries,  and  if,  after  investigation  by 
such  officer  or  board,  reasonable  cause  for  action  is  found  to  exist,  then  such  officer 
or  board  shall  at  once  give  notice  to  the  prosecuting  attorney  of  the  county  in  which 
such  complaint  is  made,  and  make  or  cause  to  be  made,  before  a  proper  officer,  a 
formal  complaint  in  waiting  and  duly  verified,  and  thereupon  said  prosecuting  attor- 

shall   immediately  commence   proceedings  againsl  the  person  or  persons  so 
offending. 

I'.   \.,  1887,  An  No.  II;  Compiled  Laws,  1897,  vol.  ::.  p.  8406. 

<  IOFFEE. 
(See Genera]  Pood  Laws,  Bee.  5024,  page  276.  | 


MICHIGAN.  281 

DAIRY  PRODUCTS*  AND  FOODS  IN  GENERAL. 

11411.  (1  )  Sale  of  impure  milk;  penalty;  act  repealed.  That  whoever  shall  know- 
ingly sell  to  any  person  or  persons,  or  sell,  deliver,  or  bring  to  be  manufactured  to 

any  cheese  or  butter  manufactory  in  this  State,  any  milk  diluted  with  water,  or  in 
any  way  adulterated,  or  milk  from  which  any  cream  has  been  taken,  or  milk  com- 
monly known  as  "skimmed  milk,"  or  shall  keep  back  any  part  of  the  milk  known 
a-  "strappings,"  with  intent  to  defraud,  or  shall  knowingly  sell  milk,  the  product  of 
a  sick  or  diseased  animal  or  animals,  or  any  milk  produced  from  any  cow  i^\  upon 
the  refuse  of  a  distillery,  or  of  a  brewery,  or  upon  any  substance  deleterious  to  the 
quality  of  the  milk,  or  shall  knowingly  use  any  poisonous  or  any  deleterious  material 
in  the  manufacture  of  any  cheese  or  butter,  or  shall  knowingly  sell  or  offer  to  sell 
any  cheese  or  butter,  in  the  manufacture  of  which  any  poisonous  or  deleterious  BUD- 
stance  lias  been  used,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  not  Less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
and  may  be  committed  to  the  county  jail  until  such  fine  shall  be  paid:  Provided, 
That  such  imprisonment  shall  not  exceed  ninety  days;  and  shall  be  liable  in  double 
the  amount  of  damages  to  the  person  or  persons,  firm,  association  or  corporation  upon 
which  such  fraud  shall  have  been  committed.  An  act  entitled  ''An  act  to  prevent 
the  adulteration  of  milk  and  to  prevent  the  traffic  in  impure  and  unwholesome  milk," 
approved  March  thirty-first,  eighteen  hundred  and  seventy-one.  is  hereby  repealed: 
Provided,  That  any  right  accrued  or  forfeiture  incurred  under  said  act,  shall  remain 
valid  and  binding,  and  may  be  enforced  under  said  act,  as  if  the  same  were  not 
repealed.—  Act  No.  26,  /'.  .1.,  1873. 

11412.  i  1  )  Sale  of  impure  milk;  watering.  That  it  shall  be  unlawful  for  any  person, 
either  by  himself  or  agent,  to  sell  or  expose  for  sale  within  the  State  of  Michigan  any 
unwholesome,  watered  or  adulterated  or  impure  milk,  or  swill  milk,  or  colostrum,  or 
milk  from  cows  kept  upon  garbage,  -will  or  any  substance  in  a  state  of  fermentation 
or  putrefaction,  or  other  deletrioiis  Bubstances,  or  from  cows  kept  in  connection  with 
any  family  in  which  there  are  infectious  diseases.  The  addition  of  water  or  ice  to 
the  milk  is  hereby  declared  an  adulteration.  —  As  amended  by  Art  No.  919,  /'.  .1.  1889. 

L1413.    (2)    Penalty.      Any  person   who  shall   violate  any  of  the   provisions  of  the 

preceding  section  shall  be  punished  byafinenol  to  exceed  one  hundred  dollars  or 

[by]  imprisonment  not  to  exceed  three  months,  or  by  both  such  line  and  imprison- 
ment, in  the  discretion  of  the  court. 

11111.  (3)  Milk  inspection  in  Detroit.  It  shall  be  the  duty  of  the  metropolitan 
police  commissioners  of  the  city  of  Detroit,  by  ami  with  the  consent  and  ud\ 
the  board  of  health  of  the  city  of  Detroit,  to  appoint  an  inspector  who  shall  be  a 
person  <>i  previous  practical  experience.  Said  inspector  may  be  created  captain, 
sergeant  or  roundsman  of  the  Baid  police  force  of  the  city  of  Detroit,  at  the  option 
of  the  board  "f  metropolitan  police  commissioners. 

llll.V  (4)   Duties  of  inspector.     It  Bhall  be  the  duty  of  said  inspector  to  personally 

view,  BO  far  as  possible,  all  milk  exposed    for  sale  in   -aid   city,  and    to  visit   all  dairy 

houses,  barns  or  stables  in  -aid  city  or  the  county  of  Wayne,  to  inspect  the  same, 
and  the  animals  held  therein,  and  to  visit  all  places  where  milk  is  kept  i 
for  -ale  in  the  city  <.f  Detroit,  and  to  inspect  and  ascertain  the  condition  of  said  milk. 
Hi-  may  detail  any  patrolman  of  -aid  citj  to  a--i-t  him  in  the  performance  of  any  or 
all  the  duties  enjoined  <.n  him  by  this  act:  Provided  always,  That  -aid  inspector  and 
any  policeman  bo  detailed  -hall  always  be  subject  to  the  provisions  of  the  law  . 
lishingand  governing  the  metropolitan  police  of  said  city. 

I  1  1  HI.     ■">      Complaints.      It  Bhall  be  the  duty  of  said  inspector  or  of  his  assistant, 

and  of  all  other  inspector-  appointed  under  this  act,  to  make  complaint  in  writing 
also  General  !•' 1  Laws,  sees.  5013  5017,  p.  274. 


282  FOODS    AND    FOOD    CONTROL. 

before  a  police  justice  or   justice  of  the  peace,  or  other  court  having  jurisdiction 
thereof,  of  every  violation  of  this  act  coining  to  his  knowledge. — M  amended  by  Act 
No.  219,  P.  A.  1889. 
11417.  (6)     Each  sale  a  separate  offenst .     Bach  and  every  quantity  of  milk  sold  or 

exposed  for  sale,  contrary  to  the  provisions  of  this  act,  shall  constitute  a  separate 

often-.-. 

1141s.  (7)  Hindrance  of  inspector .     Any  person  who  shall  refuse  to  permit  the  said 

inspector,  or  his  assistant  (assistants  I,  to  perform  his  duty  under  this  act,  either  by 
refusing  him  entrance  to  his  premises  or  by  concealing  any  milk,  or  refusing  to 
permit  any  milk  or  animal,  or  premises  wherein  the  animals  are  kept,  to  be  viewed 
and  inspected  as  herein  provided,  or  by  in  any  mangier  hindering  or  resisting  any 
said  inspector  or  assistant  inspector  in  the  performance  of  his  duty,  shall  he  guilty  of 
a  misdemeanor  and  punished  therefor. 

1 141J).  (8)  (My  <iii<l  village  milk  inspector.  Authority  is  hereby  given  the  common 
council  of  any  city,  and  the  board  of  trustees  or  council  of  any  village,  to  appoint  an 
inspector  of  milk  in  any  such  city  or  village,  and  to  fix  their  compensation,  and  w  hen 
appointed  the  said  inspectors  of  milk  shall  have  all  the  powers  given  by  section  four 
of  this  act,  and  shall  perform  all  the  duties  required  of  inspectors  of  milk  as  provided 
herein,  and  such  other  powers  and  duties  as  may  be  conferred  or  imposed  by  the 
ordinances  of  said  cities  or  villages. 

11420.  (9)  Penal  t;f  for  adulteration  of  milk.  Whoever  shall  adulterate  by  himself, 
or  by  his  servant  or  agent,  or  sell,  exchange  or  deliver,  or  have  in  his  custody  or  pos- 
session with  intent  to  sell  or  exchange  the  same,  or  exposes  or  offers  for  sale  or 
exchange,  adulterated  milk  or  milk  to  which  water  or  any  foreign  [substance]  Bub- 
stances  in  any  state  of  fermentation  or  putrefaction,  or  from  sick  or  diseased  cows, 
shall  be  guilty  of  a  misdemeanor,  and  shall,  for  every  such  offense,  be  punished  by 
a  fine  not  exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  or 
the  state  Bouse  of  ( 'orrect  ion  and  Reformatory  at  Ionia  not  exceeding  three  months. — 
Added  by  Act  No.  219,  P.  A.  1889. 

11421.  (10)  Permit;/  for  sale  of  ski m med  milk  as  pure.  Whoever  shall  adulterate, 
himself,  or  by  his  servant  or  agent,  sell,  exchange  or  deliver,  or  have  in  his  custody 
or  possession  with  intent  to  sell  or  exchange  the  same,  or  exposes  or  offers  for  sale  as 
pure  milk,  any  skimmed  milk  from  which  the  cream  or  any  pari  thereof  has  been 
removed,  shall  be  guilty  of  a  misdemeanor,  and  shall,  for  such  offense  be  punished 

by  the  penalty  provided  in  the  preceding  section.  —  Added  by  Art  No.  919,  /'.  .1.  t889. 
1  1422.  (11 )  Skimmed  milk  to  be  SO  labeled.  Any  dealer  in  milk  who  shall  by  him- 
self, servant  or  agent,  sell,  exchange  or  deliver,  or  have  in  his  custody  or  possession 
with  intent  to  sell,  exchange  or  deliver  the  same,  milk  from  which  the  cream  or  any 
part  thereof  has  been  removed,  unless  in  a  conspicuous  place  above  the  center  upon 
the  Outside  of  every  vessel,  can  or  package  from  which  any  such  milk  is  sold,  the  words 
"Skimmed    .Milk"  are  distinctly  painted  in  letters  not   less  than  one  inch  in  length, 

shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  or  Detroit  House  of  Correc- 
tion not  exceeding  three  months.    -Added  by  Ad  No.  919,  I'.  A.  1889. 

1 1 12:{.  (12)  Pure  and  adulterated  milk  defined.  If  milk  sold  or  offered  for  sale 
under  the   provisions  of  this  act  as  pure  milk,  is  show  n  upon  analysis  by  weight    to 

contain  more  than  eighty-seven  and  fifty  one  hundredths  per  centum  of  watery  fluid, 

Or  to  Contain  less  than  twelve  and  flft)  one  hundredths  of  milk  solids,  per  centum,  or 

less  Eat  than  three  per,centum,  or  if  the  specific  gravitj  at  80  degrees  Fahrenheit  is 
not  between  i  29-1000  to  1  33-1000,  i1  shall  he  deemed  to  be  adulterated.  If  milk 
sold  or  offered  for  sale  under  the  provisions  of  this  act  as  skimmed  milk  has  a  specific 
gravitj  at  60  degrees  Fahrenheit  leas  than  1.032,  and  greater  than  1.037,  it  shall  be 
deemed  to  be  adulterated.     Added  by  Act  No.  919,  P.  A.  1889. 


MICHIGAN.  283 

11-424:.  (13 j  Manner  of  testing  milk  for  adulterants.     Whenever  any   inspector  of 

milk  has  reason  to  believe  that  any  milk  found  by  him  is  adulterated,  he  shall  take 
specimens  thereof  an<l  test  the  same  with  such  instrument  or  instruments  as  are  used 
for  such  purposes,  and  he  shall  make  an  analysis  thereof,  showing  total  solids,  the 
percentage  of  butter,  the  percentage  of  water  and  the  percentage  of  ash;  and  if  the 
result  Of  such  test  and  analysis  indicates  that  the  milk  has  been  adulterated  or 
deprived  of  its  cream,  or  any  part  thereof,  the  same  shall  be  prima  facie  evidence  of 
such  adulteration  in  a  prosecution  under  this  act. — Added  by  Art  2Vb.  B19,  /'.  .1 

11425.  (14)  Penalty  for  selling  skimmed  or  adulterated  mill:  to  factory.  Any  person 
who  shall  remove  tin-  cream  or  any  part  thereof  from  milk  to  be  sold  as  pure  milk  to 

any  manufactory  in  which  milk  is  used  as  a  material  in  theproo i  production,  and 

any  person  who  shall,  in  any  manner,  adulterate  such  milk,  either  by  the  addition 
of  water  or  otherwise,  >hall  be  guilty  of  a  misdemeanor,  and  shall,  for  every  such 
offense,  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  or  Detroit  House  of  Correction  not  exceeding  ninety  days. — 
Added  by  Act  No.  ?19,  P.  A.  1889. 

V    A.  L887,  Art  X,,.  L'4'i;  Compiled  Laws  1897,  vol.  3,  pp.  3405-3-KJo. 

Sec.  1.  Adulterated,  diluted  or  preserved  mill:.  No  person  shall  offer  or  expose  for 
sale,  sell,  exchange  or  deliver,  or  have  in  his  possession  with  intent  to  sell,  exchange 

or  deliver,  any  milk  to  which  water,  chemicals  or  preservatives,  or  any  other  foreign 
substance,  has  been  added.  The  term  milk  as  used  in  this  act  shall  include  all 
skimmed  milk,  buttermilk,  cream  and  milk  in  its  natural  state,  as  drawn  from 
the  cow 

Bhc.  -.  Penalty.  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neg- 
lects  or  refuses  to  do  any  of  the  acts  or  things  enjoined  by  this  act.  or  in  any  way 
violates  any  of  it-  provisions,  -hall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  tine  of  not  Less  than  one  dollar  nor  more  than  one  hundred  dollars 
and  the  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  not  more  than 
ninety  days,  or  by  both  such  tine  and  imprisonment,  in  the  discretion  of  the  court. 

This  ad  i>  ordered  to  take  immediate  effect 

Approve,!  June8,  L899.     1'.  A.  L899,  Act  No.  L06,  p.  L50. 

8bc.  l.  Imitation  butter  must  o,  labeled.  No  person  shall  sell,  expose  or  offer  for 
.-ale  or  exchange,  or-  have  in  his  possession  \\  ith  intent  to  -ell  or  exchange,  any  oleo- 
margarine or  other  substance  made  in  imitation  of  butter,  and  which  is  intended  to 
be  used  as  a  substitute  for  battel-,  mdes-  each  and  every  vessel,  package,  roll  or 
parcel  of  such  Bubstance  has  distinctly  and  durably  printed,  stamped  or  stenciled 
thereon  in  black  letters  the  true  name  of  such  substance,  in  ordinary  bold  faced 
capital    letter-.  Dot    Lett  that    live  line  pica  in  size;  and  also  the  name  and  add' 

the  manufacturer,  together  with  tin-  name  of  each  ami  ever)  article  or  ingredient 

OSed  or  entering  into  the  composition  of  guch  substance,  in  ordinary  bold  faced  let- 
ter-. Q<  >t  less  t  han  pica  in  -i/e. 

•J.    Dealt  rs  ni  tame  must  give  verbal  notia  <ni<l  separatt  label  when  selling  im  I 
butter.     No  person  .-hall  sell,  exchange  or  deliver  any  oleomargarine  or  other  Bub- 
stance made  in  imitation  of  butter  and  which  i-  intended  to  be  ^-^-'\  a-  a  substitute 
for  butter,  unless  he  shall  distinctly  inform  the  purchaser  bj  a  verbal  notice  at  the 

time  of  the  sale  that    the  -ame   i- a  -uh-t it ute   butter,  an. 1   shall   also  deliver  t,,  the 

purchaser  of  each  and  every  roil,  package  or  panel  of  guch  oleomargarine  or  other 

Bubstance,  at  the  time  of  the  delivery  Of  the  -ame,  a  separate  and  distinct  label,  00 
which  is  plainly  and  legibly  printed  in  black  ink,  in  ordinary  bold  faced  capital 
letter-  nol    less  than  live  line  pica  in  -i/«\  the  true  name  of  such  -ub-tau.e.  and  al-o 

the  name  and  add  re.— of  the  manufacturer,  together  with  the  name  of  each  article 


1}^4  FOODS    AND    FOOD    CONTROL. 

used  and  entering  into  the  composition  of  such  substance,  in  ordinary  bold  faced 
letters  Dot  less  than  pica  in  size. 

,  furnishing  oleomargarine  must  display  signs.  The  proprietor  or 
roi  any  store,  hotel,  restaurant,  eating  saloon,  boarding  house,  or  other  place 
irhere  oleomargarine  is  Bold  or  furnished  to  persons  paying  for  the  same.  .-hall  have 
placed  ..n  the  walls  of  every  store  or  room  when-  oleomargarine  is  sold  or  furnished, 
a  white  placard  on  which  is  printed  in  Mack  ink,  in  plain  Roman  letters  of  not  less 
than  three  inches  in  length,  and  not  less  than  i'  inch.es  in  width,  the  w..rd-  "Oleo- 
margarine Sold  or  Used  Here,"  and  shall  at  all  times  keep  the  same  exposed  in  such 
conspicuous  place  as  to  he  readily  seen  by  any  and  all  persons  entering  such  store  or 
other  room  or  rooin<. 

4.  Imitation  butter  must  not  hf  designated  by  firms  applied  i<>  pure  article.      No 
i  .-hall  use  in  any  way.  in   connection   or  association  with  the  sale  or  exposure 

ale  or  advertisement  of  any  substance  designed  to  he  used  a-  a  substitute  for 
butter,  the  word  "  Butter,"  "  ( Jreamery,"  or"l >airy."  or  the  name  or  representation 
of  any  breed  of  dairy  cattle,  or  any  combination  of  such  word  -»r  word-  and  repre- 
sentation, or  any  other  words  or  symbols  or  combinations  thereof  commonly  used  in 

the  Bale  Of  hlltter. 

5.  Butter  defined.  For  the  purpose  of  this  act  the  word  "butter"  shall  be 
Understood  to  mean  the  food  product  usually  known  as  butter,  and  which  is  made 
exclusively  from  milk  or  cream,  or  both,  with  or  without  common  Bait,  and  with  or 
without  additional  coloring  matter. 

-  .  6.  Oleomargarine  defined.  For  the  purposes  of  this  act  certain  manufactured 
substances,  certain  extract-  and  certain  mixtures  and  compounds,  including  such 
mixtures  and  compounds  with  butter,  -hall  be  known  and  designated  as  "Oleomar- 
garine," namely:  "All  substances  heretofore  know  n  as  oleomargarine,  oleo,  oleomar- 
garine oil,  butterine,  lardine,  Buine  and  neutral;  all  mixtures  and  compounds  of 
oleomargarine,  oleo,  oleomargarine  oil.  butterine,  lardine.  soine  and  neutral:  all 

lard  extracts  ami  tallow  extracts;  and  all  mixture-  and  compounds  of  tallow,  beef 
fat.  -net,  lard,  lard  oil,  vegetable  oil,  butterine,  lardine,  suine  and  neutral;  all  lard 
extract-  and  tallow  extracts;  and  all  mixtures  and  compounds  of  tallow,  beef  fat, 
BUet,  lard,  laid  oil,  vegetable  oil,  intestinal  fat,  and  offal  fat,  made  in  imitation  or 
semblance  of  butter,  or  when  SO  made,  calculated  or  intended  to  be  sold  or  used  as 
butter  or  for  butter. 

7.   Penalty.    Whoever  violate-  any  of  the   provisions  of  this  act   shall    be 

deemed  -_o i i It \  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished   by 

a  line  of  not   less  than  fifty  dollars,  nor  more  than   five  hundred  dollars,  and  the 

of  prosecution,  or  by  imprisonmenl  in  the  county  jail  or  state  House  ..f  Corn  <■- 

tioii   and    Reformatory  at    Ionia,  for   not  less  than   six  months  nor  more  than   three 
or  by  both  such  line  and  imprisonment  in  the  discretion  of  the  court,  in  each 

and  every  offense.  All  acts  or  part-  of  acts  Inconsistent  with  the  provisions  of  this 
a.t  are  hereby  repealed. 

Tin-  a.t   b  ordered  t..  take  immediate  effect. 

Approved  June  23,  L899.     I'.   \.  L899,  A.t  \...  147,  p.  218. 

renovated  butter  must  be  labeled.     No  person,  firm  or  corporation 

shall  manufacture  for  -ale.  offer  or  expose  for  -ale,  -ell,  exchange  or  deliver,  or  have 
in  hi-  possession  with  the  intent  to  sell,  exchange  or  deliver,  an}  butter  that  is  pro- 
duced by  taking  original  packing  stock  butter  or  other  butter,  or  both,  melting  the 

so  that  the  butter  fat  can  be  drawn  off  or  extracted,  mixing  the  said  butter  fat 
with  skimmed  milk,  or  milk  or  cream,  or  other  milk  product,  and  rechurning  or 
reworking  the  said  mixture;  nor  shall  an}  person,  firm  oi  corporation  manufacture 

ell,  exchange  or  deliver,  or  have  in  hi-  possession 

.\  such  purpose,  an}  butter  which  ha-  been  subjected  to  an\  procen  bj  which 


MICHIGAN.  285 

it  is  melted,  clarified  or  refined,  and  made  to  resemble  butter,  and  is  commonly 
known  as  boiled,  process  or  renovated  butter,  and  which  for  the  purpose  of  this  act 
is  hereby  designated  as  "Renovated  Butter,"  unless  the  same  shall  be  branded  or 
marked  as  provided  in  section  two  of  this  act. 

Sec  2.  Sf>/l,  of  labels  prescribed.  Whoever,  himself  or  by  his  agent,  or  as  the  serv- 
ant or  agent  of  another  person  shall  sell,  expose  for  sale  or  have  in  his  custody  <»r 
—inn  with  the  intent  to  sell  any  "Renovated  Butter,"  as  defined  in  section  one 
of  this  act,  shall  have  the  words  "Renovated  Butter"  conspicuously  stamped, 
labeled  or  marked  in  one  or  two  lines  and  in  plain  gothic  letters,  at  least  three- 
eighths  of  an  inch  square,  so  that  the  words  cannot  be  easily  defaced,  upon  two  sides 
of  each  and  every  tub,  firkin,  box  or  package  containing  said  "Renovated  Butter;" 
or,  if  such  butter  is  exposed  for  sale  uncovered,  or  not  in  a  case  or  package,  a  placard 
containing  said  words  in  the  same  form  as  above  described  in  this  section  shall  be 
attached  to  the  mass  in  such  a  manner  as  to  be  easily  seen  and  read  by  the  purchaser. 
When  "Renovated  Butter"  is  sold  from  such  package  or  otherwise  at  retail,  in  print, 
roll  or  other  form,  before  being  delivered  to  the  purchaser  it  shall  be  wrapped  in 
wrappers,  plainly  stamped  on  the  outside  thereof  with  the  words  "Renovated  But- 
ter" printed  or  stamped  thereon  in  one  or  two  lines,  and  in  plain  gothic  letters  at 
least  three-eighths  of  an  inch  square,  and  such  wrapper  shall  contain  no  other  words 
or  printing  thereon,  and  said  words  "Renovated  Butter"  so  -tamped  or  printed  on 
the  said  wrapper  shall  not  be  in  any  manner  concealed,  but  shall  be  in  plain  view  of 
the  purchaser  at  the  time  of  the  purchase. 

:;.  Penalties.  Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  [ess  than  twenty-five  dollars  nor  more  than  five  hundred  dollars,  and 
the  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  or  Michigan  Reform- 
atory at  Ionia,  for  not  less  than  >ix  months  nor  more  than  three  years,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court,  for  each  and  even- 
off  en -e 

Bbc.  4.  /.''/»"/.  Act  Dumber  two  hundred  fifty-four  of  the  public  acts  of  eighteen 
hundred  ninety-nine,  entitled  ■•An  act  to  regulate  the  sale  of  butter  produced  by 
taking  original  packing  Stock  and  other  butter  and  melting  the  same  so  that  the  but- 
ter oil  can  be  drawn  off,  mixed  with  skimmed  milk  or  other  material,  and  by  emul- 
sion or  other  proc.->>  produce  butter,  and  butter  produced  by  any  similar  pro©  - 
commonly  known  as  'process1  butter;  providing  for  the  enforcement  thereof,  and 
punishmenl  for  the  violation  of  the  same.-'  i-  hereby  repealed. 

Approved  June  L8,  L903.     P.  A.  L903,  No.  243,  p.  397. 

1.   Penalty  for  obttrucHngenforcemerd  of  law.    That  any  person  who -hall  oi -struct 

the  Dairy  ami  F 1  Commissioner,  or  his  deputy,  or  any  of  his  duly  appointed  inspect' 

on,  by  refusing  to  allow  him  entrance  to  any  place  where  he  is  authorised  to  enter 
in  the  discharge  of  hi-  official  duty,  or  refuse-  to  deliver  to  him  a  sufficient  sample 
for  the  analysis  of  an)  article  of  food  or  drink  sold,  offered  or  exposed  for  sale,  or  in 
his  possession  for- the  purpose  of  Bale,  wherever  the  same  maj  be  found,  when  the 
same  is  requested  and  when  the  value  thereof  is  tendered,  shall  be  guilty  of  amis- 
mor,  and  upon  conviction  thereof  shall  he  punished  b)  a  line  of  not  less  than 
twenty-five  dollars  or  more  than  one  hundred  dollars  and  tl  locution,  or 

by  imprisonment  in  the  county  jail  not  less  than  ten  days  or  more  than  ninety  days, 
Or  by  both  such  line  and  imprisonment,  in  the  discretion  of  the  COUrt,  tor  each   and 

Approved  June  23,  1899.     P.  \.  1899,  p.  246. 
10943     \,,.  99,  pi  i     06  — 2 


286  FOODS    AND    FOOD    CONTROL. 

•4973.  (1)  Appointment  of  dairy  and  food  commissioner.  Within  thirty  days  after 
this  act  shall  take  effect,  the  Governor,  by  and  with  the  consent  of  the  Senate, 
shall  appoint  a  suitable  person  to  be  Dairy  and  Food  Commissioner,  which  office  is 
hereby  created,  and  which  commissioner  so  appointed  shall  hold  his  office  until  the 
first  day  of  January,  one  thousand  eight  hundred  and  ninety-five,  and  until  his 
successor  is  appointed  and  qualified.  At  the  next  regular  session  of  the  legislature, 
and  every  two  years  thereafter,  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  a  Dairy  and  Food  Commissioner,  who  shall  hold  his 
office  for  the  term  of  two  years  from  the  first  day  of  January  in  the  year  of  his 
appointment,  and  until  his  successor  is  appointed  and  qualified. 

4974.  (2)  Removal  of  commissioner.  The  Governor  shall  have  power  to  remove 
such  commissioner  at  any  time  in  his  discretion;  but  the  reasons  for  such  removal 
shall  be  laid  before  the  Senate  at  the  next  regular  or  special  session  of  the  legislature 
thereafter,  and  in  case  of  a  vacancy  in  the  office  of  commissioner  from  any  cause,  the 
Governor  may  appoint  another  person  to  fill  the  same. 

4975.  (3)  Oath  of  office  and  bond.  Before  entering  upon  the  duties  of  his  office, 
the  person  so  appointed  shall  make,  subscribe,  and  file  in  the  office  of  the  Secretary 
of  State,  an  oath  of  office  in  the  form  prescribed  by  section  one  of  article  eighteen  of 
the  constitution  of  this  State,  and  shall  enter  into  bonds  with  the  people  of  the  State 
of  Michigan  in  the  sum  of  ten  thousand  dollars,  with  sureties  to  be  approved  by  the 
Governor,  conditioned  for  the  faithful  performance  of  his  duties. 

4970.  (4)  Salaries;  appointment  of  inspectors,  deputies,  and  clerks.  Said  commis- 
sioner shall  receive  an  annual  salary  of  two  thousand  dollars.  The  said  commissioner 
is  hereby  authorized  and  empowered,  by  and  with  the  advice  and  consent  of  the 
Governor,  to  appoint  a  deputy  commissioner.  The  salary  of  the  deputy  commis- 
sioner shall  be  fifteen  hundred  dollars  per  annum.  The  said  commissioner  may 
also  appoint  eight  regular  inspectors,  who  shall  receive  an  annual  salary  not  to 
exceed  one  thousand  dollars  per  year,  and  such  other  special  inspectors  as  the 
proper  performance  of  the  duties  of  the  office  may  require,  which  special  inspectors 
shall  be  paid  not  to  exceed  three  dollars  per  day  for  time  actually  employed:  Pro- 
vided, That  the  amount  paid  such  special  inspectors  any  one  fiscal  year  shall  not 
exceed  six  thousand  dollars.  The  persons  so  appointed  shall  have  power  to  admin- 
ister oaths  in  all  matters  relative  to  the  dairy  and  food  laws  and  shall  take  and  sub- 
scribe the  constitutional  oath  of  office  and  file  the  same  in  the  office  of  the  Secretary 
of  State;  and  they  shall  hold  office  during  the  pleasure  of  the  commissioner.  The 
inspectors  shall  have  the  same  right  of  access  to  the  places  to  be  inspected  as  the 
said  commissioner  or  his  deputy.  The  commissioner  shall  appoint  such  clerks  as  he 
may  deem  necessary  for  the  transaction  of  the  business  of  his  office.  The  salaries 
and  expenses  authorized  by  this  section  shall  be  for  the  unexpired  part  of  the  fiscal 
year  ending  June  thirty,  nineteen  hundred  five,  and  each  fiscal  year  thereafter. 
Said  salaries  are  to  he  paid  monthly  on  the  warrant  of  the  Auditor  General.  The 
actual  and  necessary  expenses  of  the  commissioner,  deputy  and  inspectors,  in  the 
performance  of  their  official  duties,  shall  be  audited  by  the  State  Board  of  Auditors 
and  paid  upon  the  warrant  of  the  Auditor  General.  Such  compensation  and 
expenses  shall  be  certified,  audited  and  paid  in  the  same  manner  as  salaries  and 
expenses  paid  similar  officers.  The  deputy  commissioner  and  inspectors  shall  enter 
into  bonds  with  the  people  of  the  State  of  Michigan  in  the  sum  of  five  thousand 
dollars  each,  with  sureties  to  be  approved  by  the  commissioner,  conditioned  for  the 
faithful  performance  of  their  respective  duties.  The  Board  of  state  Auditors  shall 
provide  office  room,  and  the  necessary  furniture  and  fixtures  and  the  necessary 
stationery,  supplies  and  printing  for  the  conducting  of  the  business  of  said  commis- 
sioner, on  his  application  to  said  hoard  therefor.  Said  office  shall  he  and  remain  in 
the  city  of  Lansing.— Am.  by  Act  No.  945,  I'.  .1.  1896;  Act  No.  154,  P.  A.  1897;  Act 
No.  186,  I'.  A.  1901;  Act  No.  980,  P.  A.  1908;  Act  No.  IS,  P.  A.  1905. 


MICHIGAN.  287 

4977.  (5)  State  analyst  and  assistant  chemist;  salaries  and  expenses.  The  commis- 
sioner, by  and  with  the  consent  of  the  Governor,  shall  appoint  a  suitable  and  com- 
petent person  as  State  analyst,  who  shall  be  a  practical  analytical  chemist.  The 
commissioner,  in  like  manner,  may  appoint  an  assistant  chemist.  Before  entering 
upon  the  duties  of  their  offices,  they  shall  take,  subscribe  and  hie  in  the  office  of  the 
Secretary  of  State  the  constitutional  oath  of  office.  Their  term  of  office  shall  con- 
tinue during  the  pleasure  of  the  commissioner.  The  Board  of  State  Auditors  shall 
provide  a  room  in  connection  with  the  Dairy  and  Food  Commissioner  for  the  labo- 
ratory of  the  State  analyst  and  his  assistant,  and  the  necessary  furniture  and  fixtures 
therefor.  In  case  of  the  absence  or  inability  of  the  State  analyst  or  his  assistant  to 
perform  their  duty,  the  commissioner  may  appoint  some  competent  person  to  perform 
the  same  temporarily,  which  person  shall  take,  subscribe  and  file  the  constitutional 
oath  of  office.  The  salaries  and  expenses  authorized  by  this  section  shall  be  for  the 
unexpired  part  of  the  fiscal  year  ending  June  thirty,  nineteen  hundred  five,  and  each 
fiscal  year  thereafter,  said  salaries  to  be  payable  monthly  on  the  warrant  of  the  Audi- 
tor General.  The  salary  of  the  chemist  shall  be  not  to  exceed  two  thousand  dollars; 
the  salary  of  the  assistant  chemist  shall  be  not  to  exceed  twelve  hundred  dollars. 
The  actual  and  necessary  expenses  of  the  chemist  and  the  assistant  chemist,  in  the 
performance  of  their  official  duties,  shall  be  audited  by  the  Board  of  State  Auditors, 
and  paid  upon  the  warrant  of  the  Auditor  General.  Such  an  amount  as  is  found  to 
be  necessary  in  the  proper  performance  of  the  work  of  the  analyst  may  be  expended 
for  chemical  supplies.^  Such  compensations,  expenses  and  supplies  shall  be  certified, 
audited  and  paid  in  the  same  manner  as  the  salaries,  expenses  and  supplies  of  similar 
officers.— Am.  by  Act  No.  245,  P.  A.  1895;  Act  No.  154,  P.  A.  1897;  Act  No.  186,  P.  A. 
1901;  Act  No.  280,  P.  A.  1903;  Act  No.  2,  P.  A.  1905. 

4078.  (6)  Duties  of  commissioner;  prosecution,  inspection,  etc.;  penalty  for  keeping 
unsanitary  bakeries,  confection aries,  etc.  It  shall  be  the  duty  of  the  Dairy  and  Food 
Commissioner  to  carefully  inquire  into  the  dairy  and  food  and  drink  products  and 
the  several  articles  which  are  foods  or  drinks,  or  the  necessary  constituents  of  foods 
or  drinks,  which  are  manufactured  or  sold  or  exposed  or  offered  for  sale  in  this  State, 
and  he  may,  in  a  lawful  manner,  procure  samples  of  the  same  and  direct  the  State 
analyst  to  make  due  and  careful  examination  of  the  same,  and  report  to  the  commis- 
sioner the  result  of  the  analysis  of  all  and  any  of  such  food  and  drink  products  or 
dairy  products  as  are  adulterated,  impure  or  unwholesome  in  contravention  of  the 
laws  of  this  State;  and  it  shall  be  the  duty  of  the  commissioner  to  make  a  complaint 
against  the  manufacturer  or  vendor  thereof  in  the  proper  county  and  furnish  all  evi- 
dence thereof,  to  obtain  a  conviction  of  the  offense  charged.  The  Dairy  and  Food 
Commissioner,  or  his  deputy,  or  any  person  appointed  by  him  for  that  purpose  may 
make  complaint  and  cause  proceedings  to  be  commenced  against  any  person  for  the 
enforcement  of  any  of  the  laws  relative  to  adulterated,  impure  or  unwholesome  food 
or  drink,  and  in  such  case  he  shall  not  be  obliged  to  furnish  security  for  costs  and 
shall  have  power,  in  the  performance  of  their  duties,  to  enter  into  any  creamery, 
factory,  store,  salesroom,  drugstore,  or  laboratory,  or  place  where  they  have  reason 
to  believe  food  or  drink  are  made,  stored,  sold  or  offered  for  sale  and  open  any  cask, 
tub,  jar,  bottle  or  package  containing,  or  supposed  to  contain,  any  article  of  food  or 
drink  and  examine  or  cause  to  be  examined  the  contents  thereof,  and  take  therefrom 
samples  for  analysis.  The  person  making  such  inspection  shall  take  such  sample  of 
such  article  or  product  in  the  presence  "I  at  Leasl  one  witness,  and  he  shall,  in  the 
presence  of  Said  witness,  mark  or  Beal  such  Sample  and  shall  tender  at  the  time  of 
taking  to  the  manufacturer  or  vendor  of  such  product,  or  to  the  person    having  the 

custody  of  the  same,  the  value  thereof,  and  a  statement  in  writing  for  the  taking  of 
Buch  sample.     Whenever  it  is  determined  by  the  Hairy  and  Pood  Commissioner,  his 

deputy  or  inspectors,  that  filthy  or  unsanitary  conditions  exist    OF  are   permitted  to 
exist    in  the  Operation   Of  any  bakery,  confectionary,  or  ice  cream  plant,  01  in  any 


288  FOODS  AND  FOOD  CONTROL. 

place  where  any  food  or  drink  products  are  manufactured,  stored,  deposited  or  sold 
for  any  purpose  whatever,  the  proprietor  or  proprietors,  owner  or  owners,  of  such 
bakery,  confectionary  or  ice  cream  plant,  or  any  person  or  persons  owning  or  oper- 
ating any  plant  where  any  food  or  drink  products  are  manufactured,  stored,  deposited 
or  sold,  shall  he  first  notified  and  warned  by  the  commissioner,  bis  deputy  or  inspect- 
ors to  place  such  bakery,  confectionary  or  ice  cream  plant,  or  any  place  where  any 
food  or  drink  products  are  manufactured,  stored,  deposited  or  sold  in  a  sanitary  con- 
dition within  a  reasonable  length  of  time;  and  any  person  or  persons  owning  and 
operating  any  bakery,  confectionary  or  ice  cream  plant  or  any  place  where  any 
food  or  drink  products  are  manufactured,  stored,  deposited  or  sold,  failing  to  obey 
such  notice  and  warning,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  line  not  less  than  twenty-five  dollars  nor  more  than 
three  hundred  dollars  and  cost-  of  prosecution,  or  imprisonment  in  the  county  jail 
not  to  exceed  ninety  days,  or  until  such  fine  and  costs  are  paid,  or  both  line  and 
imprisonment  in  the  discretion  of  the  court. — Am.  by  Act  No.  .'/■'.  P.  A.  1896;  Ad  No. 
1S4,  P.  A.  1897;  Ad  No.  268,  P.  A.  1899;  Act  No.  IS,  P.  A.  1905. 

4!)71>.  |  7  i  Seizure  and  analysis  of  suspected  products;  prosecution;  forfeiture  and  sale. 
The  commissioner,  his  deputy  or  any  person  by  said  commissioner  duly  appointed 
for  that  purpose,  is  authorized  at  all  times  to  seize  and  take  possession  of  any  and 
all  food  and  dairy  products,  substitutes  therefor,  or  imitation  thereof  kept  for  sale, 
exposed  for  sale  or  held  in  possession  or  under  the  control  of  any  person  which  in 
the  opinion  of  the  said  commissioner,  or  his  deputy  or  such  person  by  him  duly 
appointed,  shall  be  contrary  to  the  provisions  of  this  act  or  other  law  s  which  now 
exist  or  which  may  be  hereafter  enacted. 

First,  The  person  so  making  such  seizure  as  aforesaid,  shall  take  from  such  goods 
as  seized  a  sample  for  the  purpose  of  analysis  and  shall  cause  the  remainder  thereof 
to  be  boxed  and  sealed  and  shall  leave  the  same  in  the  possession  of  the  person  from 

whom  they  were  seized,  subject  to  such  disposition  as  shall  hen-after  be  made  thereof 
according  to  the  provisions  of  this  act. 

md,  The  person  so  making  such  seizure,  shall  forward  the  Sample  so  taken  to 
the  State  Analyst  for  analysis,  who  shall  make  an  analysis  of  the  same  and  shall 
certify  the  results  of  such  analysis,  which  certificate  shall  be  prima  facie  evidence  of 
the  fact  or  bets  therein  certified  to  in  any  court  where  the  same  may  be  offered  in 
evidence. 

Third,  If  upon  such  analysis  it  shall  appear  thai  said  food  or  dairy  products  are 
adulterated,  substitutes  or  imitations  within  the  meaning  of  this  act,  said  commis- 
sioner, or  his  deputy  or  any  person  by  him  duly  authorized  may  make  complaint 
before  any  justice  of  the  peace  or  police  justice  having  jurisdiction  in  the  city,  village 

or  township  where  such  goods  were  seized,  and  thereupon  said  justice  of  the  peace 
shall  issue  his  summons  to  the  person  from  whom  said  goods  were  seized,  directing 
him  to  appear  not  less  than  six  nor  more  than  twelve  days  from  the  date  of  the  Issu- 
ing of  said   summons  and  show  cause  w  by  said   goo. Is  should  not  be  condemned   and 

disposed  of.  [f  the  said  person  from  whom  said  goods  were  seized  cannot  be  found 
said  summons  shall  be  served  upon  t  he  person  t hen  in  possession  of  the  goods.  The 
said  summons  shall  be  served  at  least  six  days  before  the  time  of  appearance  men- 
tioned therein.      If   the  person  from  whom  -aid  gOOdfi  were  seized  cannot    be   found, 

and  no  one  can  be  found  in  possession  of  said  goods,  and  the  defendants  -hall  not 

appear  on  tin-  return  day,  then  said  justice  of  the  peace  shall  proceed  in  -aid  cause  in 

the  same  manner  provided  bj  law  where  a  writ  of  attachment  is  returned  not  per- 
sonally served  upon  any  of  the  defendants  and  none  of  the  defendants  shall  appear 
upon  the  return  day. 

Fourth,  Unless  cause  to  the  contrary  thereof  is  ahown,  or  if  said  goods  shall  be 
found  upon  trial  to  be  in  violation  of  an)  of  the  provisions  of  this  act  or  other  laws 

which    now  exist   or  which    may  be  hereafter  enacted,   it  shall    be   the  duty  of  said 


MICHIGAN.  289 

justice  of  the  peace  or  police  justice  to  render  judgment  that  said  seized  property  be 
forfeited  to  the  State  of  Michigan,  and  that  the  said  goods  be  destroyed  or  sold  by 
the  said  commissioner  for  any  purpose  other  than  to  be  used  for  food.  The  mode  ol 
procedure  before  said  justice  shall  be  the  same  as  near  as  may  be  as  in  civil  pro- 
ceedings before  justices  of  the  peace.  Either  parties  may  appeal  to  the  circuit  court 
as  appeals  are  taken  from  justices'  courts,  but  it  shall  not  be  necessary  for  the  people 
to  give  any  appeal  bond. 

Fifth,  The  proceeds  arising  from  any  such  sale  shall  be  paid  into  the  State  treasury 
and  credited  to  the  general  fund:  Provided,  That  if  the  owner  or  party  claiming  the 
property  or  goods  bo  declared  forfeited  can  produce  and  prove  a  written  guarantee  of 
purity,  signed  by  the  wholesaler,  jobber,  manufacturer  or  other  party  from  whom 
said  articles  were  purchased,  then  the  proceeds  of  the  sale  of  such  articles,  over  and 
above  the  cost-  of  seizure,  forfeiture,  and  sale,  shall  be  paid  over  to  such  owner  or 
claimant  to  reimburse  him,  to  the  extent  of  such  surplus,  for  his  actual  loss  resulting 
from  such  seizure  and  forfeiture,  as  shown  by  the  invoice. 

Sixth,  It  shall  be  the  duty  of  each  prosecuting  attorney  when  called  upon  by  said 
commissioners  [commissioner]  or  by  any  person  by  him  authorized  as  aforesaid,  to 
render  any  legal  assistance  in  his  power  in  proceedings  under  the  provisions  of  this 
act,  or  any  subsequent  act  relative  to  the  adulteration  of  food,  for  the  sale  of  impure 
or  unwholesome  food  or  food  products. — Amended  by  Ad  No.  $46,  P.  A.  1896;  Act 
No.   268,  P.  A.  1899;  Ad  No.  280,  P.  A.  1903. 

4t)s().  (8)  Unlawful  for  analyst  to  furnish  certificates  of  purity.  It  shall  be  unlawful 
for  the  State  Analyst,  while  he  holds  his  office,  to  furnish  to  any  individual,  firm  or 
corporation,  any  certificate  as  to  the  purity  or  excellence  of  any  article  manufactured 
or  Bold  by  them  to  be  used  as  food  or  in  the  preparation  of  food. 

4981.  (9)  Annual  report.  The  commissioner  shall  make  an  annual  report  to  the 
Governor  on  or  before  the  first  day  of  July  in  each  year,  and  which  shall  be  printed 
and  published  on  or  before  the  first  day  of  September  next  thereafter,  which  report 
shall  cover  the  doings  of  his  office  for  the  preceding  fiscal  year  which  shall  show. 
among  other  things,  the  number  of  manufactories  and  other  places  inspected,  and  by 
whom,  the  number  of  specimens  of  f ood  articles  analyzed,  and  the  State  Analyst's 
report  upon  each  «»ne:  the  number  of  complaints  entered  against  persons  for  violation 
of  the  laws  relative  to  the  adulteration  of  food,  the  number  of  convictions  had,  and 
the  amount  of  lines  imposed  therefor,  together  with  such  recommendations  relative 
to  the  statutes  in  force  as  his  experience  may  justify.  The  commissioner  shall  also 
prepare,  print  and  distribute  to  all  the  papers  of  the  State,  and  to  SUCb  pet-. mi- as 
may  be  Interested,  or  may  apply  therefor,  a  monthly  bulletin  in  suitable  paper 
covers,  containing  results  of  inspections,  the  result-  of  analyses  made  by  the  state 
Analyst,  with  popular  explanation  of  the  same,  and  such  other  information  as  may 
come  to  him  in  bis  official  capacity  relating  to  the  adulteration  of  food  and  drink 
products  and  of  dairy  products,  bo  Ear  as  he  ma\  deem  the  same  of  benefit  and 
advantage  to  the  public;  also  a  brief  summary  of  all  the  work  done  during  the  month 
l>\  the  commissioner  and  his  assistants  in  the  enforcement  of  the  laws  of  the  Mate. 

but    not  more  than  ten    thousand  copies  of  each  of  BUCh   niont  hi  v  bullet  in- shall    be 

printed.-  As  amended,  Ad  No.  .;}■'•.  P.    I.  t896;  Ad  No.  154,  P-    '■  U 
I'.  .1.  X899,  p.  $66, 

1982,  10  Penalty  for  obstructing  commissioner.  Any  person  who  shall  willfully 
hinder  or  obstruct  the  Dairj  and  Food  Commissioner,  or  his  deputy,  or  other  person 
or  inspector  by  him  duly  authorised,  in  the  exercise  of  the  powers  conferred  upon 
him  by  this  act,  -hall  be  deemed  guilty  of  a  misdemeanor,  and  on  com  iction  shall  l  e 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more  than  ninety 
days,  or  both  such  fine  and  imprisonment  in  the  discretion  oi  the  court    Added  by 


290  FOODS  AND  FOOD  CONTROL. 

■4983.  (11)  Appropriation  for  salaries  and  expenses.    The  Bum  of  thirty-five  thousand 

dollars  is  hereby  appropriated  for  the  fiscal  year  ending  June  thirty,  nineteen  hun- 
dred six,  and  for  each  fiscal  year  thereafter,  there  is  hereby  appropriated  the  sum 
of  thirty-five  thousand  dollars.  Out  of  the  amounts  appropriated  by  this  act  shall 
be  paid  all  Balariesand  expenses  and  chemical  supplies  provided  for  therein:  Provided, 
That  all  expenses  for  stationery  and  printing  shall  be  audited  and  paid  in  the  same 
manner  as  other  State  printing  and  stationery — Added  by  Act  No.  946,  /'.  A.  1896. 
Amend. >l  by  Act  No.  154,  P.  A.  1897;  Ad  No.  268,  P.  A.  1899;  Act  No.  186,  /'.  A. 
1901;  Art  No.  12,  P.  A.  1905. 

4984.  i  12)  State  tax  to  cover  appropriation.  The  Auditor  General  is  hereby  directed 
to  annually  add  to  and  incorporate  into  the  State  tax,  to  be  levied  each  year,  the  sum 
of  thirty-five  thousand  dollars,  which,  when  collected,  shall  be  credited  to  the  gen- 
eral hind  to  reimburse  the  same  for  the  money  appropriated  by  this  ad.— Added  by 
Act  No.  846,  P.  A.  1S95.  Amended  by  Act  No.  164,  P.  A.  1891;  Act  Xo.  968,  I'.  A. 
1899;  Act  No.  186,  P.  A.  1901;  Act  Xo.  230,  P.  A.  1903;  Act  Xo.  IS,  P.  A.  1905. 

Sec.  13.  Inspection  of  dairies,  cheese  factories,  etc.;  instruction  by  inspectors.  It  shall 
also  be  the  duty  of  the  Dairy  and  Food  Commissioner  to  foster  and  encourage  the 
dairy  industry  of  the  State,  and,  for  that  purpose,  he  shall  investigate  the  general 
conditions  of  the  creameries,  cheese  factories,  condensed  milk  factories,  skimming 
stations,  milk  stations  and  farm  dairies  in  this  State,  with  full  power  to  enter  upon 
any  premises  for  such  investigation,  with  the  object  in  view  of  improving  the  quality 
and  creating  and  maintaining  uniformity  of  the  dairy  products  of  the  State;  and 
should  it  become  necessary,  in  the  judgment  of  the  Dairy  and  Food  Commissioner, 
he  may  cause  instruction  to  be  given  in  any  creamery,  cheese  factory,  condensed 
milk  factory,  skimming  station,  milk  station,  or  farm  dairy,  or  in  any  locality  in  this 
State,  and  in  order  to  secure  the  proper  feeding  and  care  of  cows,  or  the  practical 
operation  of  any  plant  producing  dairy  products,  and  in  order  to  secure  such  a  uni- 
form and  standard  quality  of  dairy  products  in  this  State,  he  shall  furnish  a  sufficient 
number  of  competent  inspectors  for  that  purpose,  the  appointment  of  whom  is  pro- 
vided for  in  section  four  of  this  act,  and  they  shall  be  duly  qualified  to  act  as  such 
inspectors.— Added  by  Act  No.  12,  P.  A.  1905,  pp.  17-18. 

8a  .  14.  Penally  for  sale  of  impure  milk.  Whenever  it  is  determined  by  the  Dairy  and 
Food  Commissioner,  his  deputy  or  inspectors,  that  any  person  is  using,  selling  or  fur- 
nishing to  any  skimming  station,  creamery,  cheese  factory,  condensed  milk  factory, 
milk  depot,  farm  dairy,  milk  dealer,  the  retail  trade  or  to  any  consumer  of  milk,  any 
impure  or  unwholesome  milk  or  cream,  which  impurity  <»r  imwholesomeness  is 
caused  by  the  unsanitary  or  filthy  condition  of  the  premises  where  cows  are  kept, 
or  by  the  unsanitary  or   filthy  care  or  handling  <>f  the  cows,  or  from  unclean 

Utensils  being  used,  or  from  unwholesome  food,  or  from  any  other  cause,  the  person 
BOUSing,  Belling  or  furnishing  to  any  skimming  station,  creamery,  cheese  factory, 
condensed  milk  factory,  milk  depot,  farm  dairy,  milk  dealer,  the   retail    trade,  or  to 

any  consumer  of  milk,  any  such  milk  or  cream,  shall  firsl  be  notified  and  warned 
by  the  commissioner,  his  deputy  or  inspectors  not  to  use,  sell,  or  furnish  such  milk 
or  cream  to  such  skimming  station,  creamery,  cheese  factory,  condensed  milk  factory . 

milk  depot,  farm  dairy,  milk  dealer,  the  retail  trade,  or  to  any  consumer  of  milk. 
and  any  person  failing  to  obey  such  notice  and  warning,  and  continuing  to  use,  Bell 
or  furnish  to  any  skimming  station,  creamery,  cheese  factory,  condensed  milk  fac 

tory,  farm  dairy,  milk  dealer  ortothe  retail  trade SUCh  impure  or  imu  holesonie  milk 

or  cream,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 

punished  by  a  line  not   LeSfl  than  ten  dollars,  nor  more  than  fifty  dollars,  and  costs  of 

prosecution,  or  imprisonment  in  the  counts  jail,  not  t<>  exceed  ninety  days,  or  until 

such  line  and  COStS  are  paid,  or  hot  h  line  and    impiisonmenl    in    the  discretion  of  the 

court.     Added  by  Ad  No.  /.',  /'.  A.  1906, p.  18. 


MICHIGAN.  291 

8»  .  r>.  Unsanitary  conditions  of creameries,  cheesi  factories,  etc.;  penalty.  Whenever 
it  is  determined  by  the  Dairy  and  Food  Commissioner,  his  deputy  or  inspectors,  that 
unsanitary  conditions  exist  or  are  permitted  to  exist  in  the  operation  of  any  skimming 
station,  creamery,  cheese  factory,  condensed  milk  factory,  milk  depot,  or  farm  dairy, 
the  proprietor  or  proprietors,  or  manager  of  -aid  skimming  station,  creamery,  cheese 
factory,  condensed  milk  factory  or  farm  dairy,  shall  be  first  notified  and  warned  by 
the  commissioner,  his  deputy  or  inspectors  to  place  Buch  skimming  station,  creamery, 
cheese  factory,  condensed  milk  factory,  milk  depot  <>r  farm  dairy  in  a  -unitary  con- 
dition, within  a  reasonable  length  of  time;  and  any  person  or  persons  own: 
operating  such  skimming  station,  creamery,  cheese  factory,  condensed  milk  factory, 
milk  depot,  or  farm  dairy,  failing  to  obey  such  notice  and  warning,  shall  be  guilty 
<.f  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  tine  not  less 
than  twenty-five,  nor  more  than  three  hundred  dollars,  and  costs  of  prosecution,  or 
imprisonment  in  the  county  jail,  not  to  exceed  ninety  days  or  until  such  line  and 
costs  are  paid,  or  both  fine  and  imprisonment  in  the  discretion  of  the  court. — Added 
by  Act  No.  12,  P.  A.  1906,  pp.  18-19. 

Sbc.  in.  Registration  of  creameries,  cheese  factories;  reports;  fee.  It  shall  be  the  duty 
of  the  proprietor  or  proprietors  of  every  skimming  station,  creamery,  cheese  factory, 
condensed  milk  factory  or  milk  depot,  in  the  State  where  milk  or  cream  is  received 
by  purchase  or  otherwise  from  three  or  more  persons,  to  register  with  the  Hairy  and 
Pood  Commissioner  on  or  before  April  first  of  each  year,  upon  blanks  furnished  by 
said  official,  the  location  of  such  skimming  station,  creamery,  cheese  factor)-,  con- 
densed milk  factory  or  milk  depot,  and  the  name  of  its  owner  or  owners  and  mana- 
ger. And  it  shall  be  the  duty  of  the  proprietor  or  proprietors  of  every  skimming 
station,  creamery,  cheese  factory,  condensed  milk  factory  or  milk  depot  in  this  State, 
where  milk  or  cream  is  received  by  purchase  or  otherwise  from  three  or  more  per- 
sons, to  file  a  report  with  the  Dairy  and  Food  Commissioner,  >aid  report  to  be  made 
on  or  before  April  first  of  each  year,  upon  blank-  furnished  by  said  official,  and  to 
show  the  amount  of  milk  or  cream  received  by  said  skimming  station,  creamery, 
cheese  factory,  condensed  milk  factory  or  milk  <lep.it  during  the  year  ending  Decem- 
ber thirty-first  preceding;  and  -aid  report  shall  show  the  amount  of  butter,  cheese 
or  condensed  milk  manufactured  during  the  year,  together  with  a  li-t  of  the  names 
and  postoffice addresses  of  the  patron- of  -aid  skimming  station,  creamery,  cheese 
factory,  condensed  milk  factory  or  milk  depot.  Every  skimming  station,  creamery, 
cheese  factory,  condensed  milk  factory  or  milk  depot,  so  registering  and  bo  reporting, 
shall  pay  fo  the  office  of  the  state  Dairy  and  F 1  Commissioner  an  annual  registra- 
tion fee  of  five  dollars,  to  be  paid  at  the  time  of  Buch  registration.  The  money  so 
collected  by  the  Dairy  and  food  Commissioner  -hall  be  paid  into  the  State  treasur) 
and  be  used  to  help  defray  the  expenses  of  the  office  of  the  Da  in  and  Food  Commis- 
sioner, in  addition  to  the  annual  appropriation  therefor.— Added  by  Act  No.  i t,  I'.  A. 

17.  Milk  license;  fees; penalty.     Any  person,  persons  or  corporation  who  -hall 
sell  milk  or  cream  from  a  wagon  or  other  conveyance,  depot  oi  •  who -ball 

sell    or  deliver   milk    or   cream   to  a  hotel,  restaurant,  boarding  house  or  any  public 

place,  shall  !».•  considered  a  milk  dealer;  and  every  milk  dealer  who -hall  -ell  milk 
or  cream  from  a  wagon  or  other  conveyance,  depot  "i  store,  or  who  -hall  sell,  or 
deliver  milk  or  cream  to  a  hotel,  restaurant,  boarding  house  or  an\  public  place  in 

any  city,  to*  D  or  Village  of  this  State,  must  first  obtain  a  license  from  the  Dairy  and 

I 1  Commissioner  to  -ell  such  milk  or  cream       \  license  shall  be  required  for  each 

■  or  other  conveyance,  depot  dealer  -hall  pay  to  the  Dairj  and 

Food  Commissioner  a  license  fee  of  one  dollar  for  each  license  so  granted,  which 
license  must  be  obtained  on  <■?  before  the  first  da}  of  .inly  of  each  year.  The 
moneys  received  by  the  I  fairy  and  F I  <  lommissioner,  in  pa\  ment  of  such  li.  • 

shall  be  paid  into  the  State  trea-ur\   and   be  u-rd  to  help  defray  tin-  expenses  of  the 


292  FOODS  AND  FOOD  CONTROL. 

office  of  the  Dairy  and  Food  Commissioner  in  addition  to  the  animal  appropriation. 
All  licenses  shall  be  used  only  in  the  name  of  the  owner  of  the  wagon,  depot  or 
store,  and  shall,  for  the  purpose  of  this  act,  be  prima  facie  evidence  of  ownership. 
No  license  shall  be  Bold,  assigned,  or  transferred.  Each  license  shall  record  the 
name,  residence,  place  of  business,  number  of  wagons,  depots  or  stores  used  [where 
more  than  one  is  employed  i  and  the  number  of  the  license.  Whoever  violates  any 
of  the  provisions  of  this  section,  in  so  far  as  relates  to  registration  and  the  Becuring 
of  licenses,  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  each  and  every  offense 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars,  nor  more  than  twenty-five 
dollars  and  the  cost-  of  prosecution,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  thirty  days,  or  both. — Added  by  Act  No.  IS,  P.  A.  1905,  pp.  19-.'". 

Ifi     v  mcentrated  commercial  feeding  stuffs;  label;  definition;  trade-mark, 

certified  analysis  and  fee;  sampling  <nt<l  analysis  f>>/  commissioner.  Any  manufacturer, 
company,  person  or  persons  who  shall  sell,  offer  or  expose  for  sale  or  for  distribu- 
tion, in  this  state,  any  concentrated  commercial  feeding  stuff  used  for  feeding  live 
stock,  shall  furnish  with  each  car.  or  other  amounts  shipped  in  bulk,  and  shall  affix 
to  every  package  of  such  feeding  stuff,  in  a  conspicuous  place,  on  the  outside  thereof, 
a  plainly  printed  statement,  clearly  and  truly  certifying  the  number  of  net  pounds 
in  the  car  or  package  sold  or  offered  for  sale,  the  name  or  trade-mark  under  which 
the  article  is  sold,  the  name  of  the  manufacturer  or  shipper,  the  place  of  manufac- 
ture, the  place  of  business,  and  a  chemical  analysis,  stating  the  percentages  it  eon- 
tains  of  crude  protein,  crude  fibre,  nitrogen,  free  extract  and  ether  extract,  all  con- 
stituents to  be  determined  by  the  methods  adopted  by  the  association  of  official 
agricultural  chemists  Whenever  any  feeding  stuff  is  sold  at  retail,  in  bulk  or  in 
packages  belonging  to  the  purchaser,  the  agent  or  dealer  shall  furnish  to  him  a  certi- 
fied copy  of  the  chemical  analysis  named  in  this  section. 

a  The  term  concentrated  commercial  feeding  stuffs  as  used  in  this  act  shall  include 
linseed  meal,  cotton  seed  meal,  pea  meals,  cocoanut  meals,  gluten  meals,  oil  meals  of 
all  kinds,  gluten  feed-,  maize  Eeeds,  Btarch  feeds,  mixed  sugar  n-e<ls,  hominy  feeds, 
rice  meals,  oat  feeds,  com  and  oat  feeds,  meat  meals,  dried  blood,  clover  meals, 
mixed  feeds  of  all  kinds,  slaughter  house  waste  products;  also  all  condimenta!  stock 
foods,  patented  and  proprietary  stock  foods,  claimed  to  possess  nutritive  properties 
and  all  other  materials  intended  for  feeding  to  domestic  animals:  Provided,  That 
such  feeding  stuffs,  as  defined  above,  shall  not  include  hays,  Btraws,  fodders,  ensilage, 
the  whole  seeds  nor  the  unmixed  meals  made  directly  from  the  entire  grains  of 
wheat,  rye,  barley,  oats,  flax-seed,  maize,  buckwheat,  wet  brewers'  grains,  mall 
sprouts,  wet  or  dried  beet  pulp  when  unmixed  with  other  materials.  Neither  shall 
it  include  wheat,  rye  and  buckwheat  brans  or  middlings  not  mixed  with  other  sub- 
Btances,  but  sold  separately  as  distinct  articles  of  commerce,  uor  pure  grains  ground 
•  her. 

(bj    Before    any    manufacturer,   company,    person    Or    persons   shall    Bell,  otter  or 

expose  for  sale  in  this  state  any  concentrated  commercial  feeding  stuff,  he  or  they 

shall,  for  each  and  every  feeding  stuff  bearing  a  distinguishing  name  or  trade-mark. 
file  annually,  w  ith  the  Dairy  and  Food  (  bmmissioner  a  certified  copy  of  the  chem- 
ical   analysis  ami  certificate  referred  to  in  this  BOCtion,  and  shall  deposit    with  -aid 

Dairy  and  Food  Commissioner  a  sealed  glass  jar.  or  bottle,  containing  at  least  one 

pound  of  the  feeding  stuff  to  be  sold  or  offend  for  sale,  together  with  an  affidavit 
that  it  is  a  fair  sample  of  the  article  thus  to  be  sold  or  offered  for  sale.  He  or  they 
shall  also  pay  annually  into  the  state  treasury  ;i  license  fee  of  twenty  dollars  for 
each  and  every  brand  of  feeding  .-tuff  he  offer- or  exposes  for  sale  in  this  State. 
Said  fee  i-  to  be  paid  on  or  before  April  first  of  each  year:  Provided,  That  whenever 
the  manufacturer  or  importer  shall  have  paid  this  License  fee,  bis  agents  -hall  not  be 
required  to  do  so.     Whenever  any  manufacturer.  Importer,  agent  or  seller  of  any 

Commercial  feeding  Stuff  desires  at   anytime  to  Sell  SUch   material  and    has  not  paid 


MICHIGAN.  293 

the  license  fee  therefor,  he  shall  pay  the  licence  fee  prescribed  in  this  section,  before 
making  any  such  sale.  The  money  collected  under  the  provisions  of  this  act  shall 
be  paid  into  the  State  treasury  and  be  used  to  help  defray  the  expenses  of  the  office 
of  the  Dairy  and  Food  Commissioner,  in  addition  to  the  regular  appropriation 
therefor. 

Whenever  the  manufacturer,  importer,  agent  or  Beller  of  any  commercial 
feeding  stuff  shall  have  complied  with  the  requirements  of  this  section,  the  Dairy 
and  Food  Commissioner  shall  issue  or  cause  to  be  issued,  a  license,  permitting  the 
sale  of  said  feeding  stuff,  which  license  shall  terminate  on  April  lirst  following  the 
date  "i*  issue. 

■  1  All  such  analyses  of  commercial  feeding  stuffs  required  by  this  act,  shall  be 
made  under  the  direction  of  the  Dairy  and  Food  Commissioner,  and  shall  be  paid 
for  out  of  the  funds  arising  from  the  license  fees  provided  for  in  this  section. 

The  Dairy  and  Food  Commissioner  shall  publish,  or  cau.-e  to  be  published  in 
bulletin  form,  at  least  annually  a  correct  statement  of  all  analyses  made,  together 
with  any  incidental  information  concerning  same  which  he  may  deem  proper. 

(f)  Any  manufacturer,  importer,  company,  agent,  person  or  persons,  who  shall  sell, 
offer  or  expose  for  sale,  without  first  complying  with  the  provisions  of  this  act,  any 
commercial  feeding  stuff,  or  shall  attach  or  cause  to  be  attached  to  any  car,  package 
or  other  quantity  of  said  feeding  stuff,  an  analysis  stating  thai  it  contains  a  larger  per- 
centage of  any  one  or  more  of  the  constituents  named  in  this  section  than  it  really 

■  .ntain  shall,  upon  conviction  thereof,  be  lined  not  less  than  one  hundred  dollars 
for  the  firsl  offense,  and  not  less  than  three  hundred  dollars  for  every  subsequent 
offense,  and  the  offender  shall  also  be  Liable  for  damages  sustained  by  the  purchaser 
of  such  feeding  stuff  on  account  of  such  misrepresentation. 

Tin-  Dairy  and  Food  Commissioner,  by  any  duly  authorized  agent,  is  hereby 
authorized  to  select  from  any  package  of  commercial  or  other  feeding  stuff  exposed 
or  offered  for  sale  in  this  State,  a  quantity  not  exceeding  two  pounds  for  a  sample, 
such  sample  to  be  used  for  the  purposes  of  an  official  analysis  and  for  comparison 
with  the  certificate  filed  with  the  Dairy  and  Food  Commissioner,  and  with  thi 
tilicate  affixed  to  the  package  on  sale. — A<l<l><l  by  Act  No.  12,  P.  .1.  1905,  j>/>.  20-22. 
.  19.  Annual  report  of  commissioner.  The  published  annual  report  of  the  Dairy 
and  Food  Commissioner  which  shall  be  made  to  the  <  rovernor,  shall  include  a  com- 
plete accounting  of  all  moneys  received  by  the  department  from  every  source,  and 
the  amount  expended  by  the  department. — A dded  by  Act  No.  12,  P.  A.  1905,  p.  92. 

l'o.   Repeal.     All  acts  and  parts  of  acts  inconsistent  with  this  act  so  far  as  they 
are  inconsistent  are  hereby  repealed. 
This  act  is  ordered  to  take  immediate  effect — Added  by  Act  No.  12,  P.  A.  .  905,  p.  ftp. 

Compiled  Law-  1897,  vol.  2,  p.  1575. 

1985.  Imitation  butter.     No  person,  by  himself  or  his  agents,  or  servants,  shall 

render  or  manufacture,  sell,  offer  for  Bale,  expose  for  sale,  or  have  in  his   possi 

with  intent  to  sell.  an\  article,  product  or  compound  made  wholly  or  in  part  outof 
any  Eat,  oil  or  oleaginous  substance  or  compound  thereof,  not  produced  from  unadul- 
terated milk  or  cream  from  the  same,  which  shall  be  in  imitation  of  yellow  butter 
produced  from  pore  unadulterated  milk  or  cream  of  the  same:  Provided,  That  noth- 
ing in  this  act  shall  be  construed  to  prohibit  the  manufacture  or  sale  ol  oleomargarine 
in  a  separate  and  distinct  form,  ami  in  such  manner  as  will  advise  the  consumer  of 
its  real  character,  nee  from  coloration  or  ingredient  that  causes  it  to  look  like  butter. 
40s<».     ■_'     Penalty.     Whoever  violates  an 3  of  the  pi  if  this 

act  shall  be  deemed  guilt}  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  bj  a  fine  of  not  less  than  ftftj  dollars  nor  more  than  five  hundred  dollars, 
and  the  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  or  Stat*  IF 
Correction  and  Reformatory  at  Ionia  for  not  less  than  six  months  nor  more  than  three 


294  POODS    AXD    FOOD    CONTROL. 

-   or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court,  for  each 

and  every  offense. 

Approved,  April  15,   1897,  and  reenacted  without  change,  L901;  P.  A.   1901,  Act 

No.  22.  p.  37. 

224.*{.  li  Butler  substitutes  in  public  institutions.  That  the  use  of  oleomargarine, 
bntterine,  or  any  other  substitute  for  butter,  in  any  of  the  public  institutions  of  this 
State,  be  and  the  same  is  hereby  prohibited. 

2^1*44.  2  Penalty.  Any  warden,  superintendent  or  other  officer  of  any  such  insti- 
tution, who  shall  knowingly  violate  the  provisions  of  section  >>,,,  of  this  act,  <>r  shall 
knowingly  permit  the  same  to  be  violated  shall  be  deemed  guilty  of  a  misdemeanor 
and  every  violation  shall  constitute  a  Separate  offense  and  on  conviction  thereof  shall 
he  punished  by  a  fine  of  not  less  than  twenty-live,  nor  more  than  one  hundred  dol- 
lar-, together  with  costs  of  prosecution,  or  by  imprisonment  in  the  county  jail  of  the 
county  in  which  said  institution  is  situated,  not  exceeding  ninety  days,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

Compiled  Laws  1897,  vol.  1.  p.  7<>.'!. 

JELLIES,  CANNED  GOODS,  ETC. 
(See  General  Food  Laws,  sees.  5022,  5023,  p.  275.) 

LARD. 
(8ee  General  Food  Laws,  sees.  5018-5021,  p.  275.) 

MAPLE  PRODUCTS. 

5009.  False  labels;  />ni<i/t;/.  Any  person,  dealer,  firm,  manufacturer,  or  corpora- 
tion, who  shall  falsely  stamp  or  misrepresent  or  Label  any  can-,  jugs,  jars,  or 
packages,  containing  maple  molasses,  or  maple  syrup,  or  maple  Bugar,  that  is  in 
any  wise  adulterated,  or  knowingly  permits  such  [misrepresentation]  misrepresenta- 
tions <>i'  false  Btamping  or  labeling,  shall  he  deemed  guilty  of  a  misdemeanor,  and 
punished  by  a  line,  not  more  than  live  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  more  than  one  year,  or  hy  both  Such  line  or  impris- 
onment, in  the  discretion  of  the  court. 

Compiled  Laws  1897,  vol.  2.  p.  L584. 

Ml  AT 

1.  Inspector,  licenses,  <<n<l  public  abattoirs  <tntli<tri:<<l  in  cities,  <t<-.  Any  city  or 
village  in  this  State  may  appoint  an  inspector  or  inspectors  of  animals  and  meat  sup- 
plies intended  for  human  consumption  therein,  license  the  sale  thereof,  provide  for 

the  regulation  of  BlaUghter-hoUSee  wherein  such  animals  intended  for  use  as  human 
food  in  such  city  or  \  illage  are  slaughtered,  and  the  markets  and  places  w  here  meat 
intended  for  consumption  as  human  food  is  kept  or  offered  for  Bale  within  such  citj 

or  village,  the  vehicle  in  which  such  meat  is  transported,  or  from  which  same  is  Bold, 

offered  for. -ale  or  disposed  of  for  said  purpose;  and  cause  to  he  erected  and  main- 
tained a  public  abattoir  therein  and  n  -iilate  the  use  thereof. 

3b  2.  Application  for  license;  revocation.  No  person  or  persona  -hall  vend  or  offer 
i"i  -ah-  in  an)  city  or  village  having  an  inspector  of  meat- as  provided  by  this  act, 
any  meat  intended  for  human  consumption,  whether  slaughtered  within  such  city  or 

Village  or  elsewhere,  unless  licenced  s< »  to  do  hy  the  h^ard  of  health  of  such  city  or 
village.      Any  person  or  persons  desiring  BO  t"  do   may  apply  to  the  board  of   health 

of  rich  city  or  village  for  a  license;  hut  the  clerk  shall  not  issue  same  until  the  appli- 


MTCHl^AX.  295 

cant  therefor  presents  a  statement  in  writing  signed  by  him  which  shall  state  fully 
and  explicitly: 

(a)  The  name  and  residence  of  said  applicant. 

The  exact  location  or  place  from  which  said  applicant  obtains  his  meats, 
whether  slaughtered  by  himself  in  whole  or  in  part. 

(c)  The  manner  in  which  said  applicant  intends  to  dispose  of  his  meats  when 
licensed. 

(d)  A  written  consent  granting  permission  to  the  meat  inspector,  the  health  officer 
or  his  representative,  or  any  member  of  the  hoard  of  health,  the  mayor  or  any  alder- 
man of  said  city,  or  the  president  and  trustees  of  said  village  free  ami  open  ao 

the  slaughter-house  in  which  he  proposes  t<>  slaughter  and  the  market  or  vehicle 
owned,  leased  or  occupied  by  him  from  which  his  meat  is  sold,  for  the  purpose  of 
making  inspection  of  the  said  premises,  market  orvehicle.  Blanks  for  such  applica- 
tions shall  be  furnished  by  the  clerk.  Each  applicant  for  a  license  shall  also  stipu- 
late in  writing  that  he  will  faithfully  conform  ami  cause  the  slaughter-house,  market 
or  vehicle  owned,  Leased  or  occupied  by  him  to  comply  in  all  respects  with  the 
requirements  of  the  ordinance  of  said  city  or  village  enacted  under  the  provisions  of 
this  act.  and  pay  Buch  license  fee  as  shall  be  prescribed  therein.  Tin-  city  or  village 
clerk  shall  not  issue  any  such  license  until  the  meat  inspector  shall  have  examined 
into  the  sanitary  condition  and  cleanliness  of  the  slaughter-house  to  be  used  by  the 
applicant,  or  the  market  where  his  meat  is  t<>  be  sold,  or  the  vehicle  in  which  it  is 
to  be  transported  or  from  which  it  is  t<»  be  sold  or  offered  for  sale,  and  shall  certify 
that  same  comply  with  the  requirements  of  the  ordinance  in  force  therein.  The 
mayor  of  said  city  or  president  of  said  village  may  at  any  time  revoke  and  suspend 
any  license  issued  pursuant  thereto  if.  upon  investigation  and  report  of  the  meat 
inspector  and  after  hearing  the  holder  of  such  license  summarily,  he  shall  find  the 
condition  of  the  slaughter-house  where  meat  is  slaughtered,  or  the  market  or  vehicle 
or  the  meat  offered  for  sale  to  be  in  violation  of  the  provisions  of  said  ordinance  filthy 
OT  detrimental  to  the  public  health;  which  revocation  shall  continue  until  such  per- 
son -hall  have  fully  complied  with  the  requirements  of  this  act  and  the  provisions  of 
the  said  ordinance.  This  section  shall  apply  to  slaughter-houses  whether  sit uated 
within  or  without  the  city  or  village  limits. 

tnd  requirements  to  exclude  unwholesome  meal.  Bach  city  or  village 
having  a  meat  inspector  under  the  provisions  of  this  act  shall  establish  by  ordinance 
such  tests  and  requirements  in  conformity  herew  ith  a-  are  necessary  for  the  purpose 
of  excluding  from  within  its  limits  for  sale  or  use  as  human  food  any  diseased  OT 
unwholesome  meat,  meal  which  has  been  prepared,  dressed  <  »r  Btored  in  an  unsanitary 
or  filthy  place,  or  handled  or  transported  in  an  unsanitary  or  filthy  manner;  and 
each  city  or  \  illage  shall  authorize  and  empower  its  inspector  or  inspectors  to  enforce 
such  tot-  and  requirements,  and  Bhall  provide  and  enforce  suitable  penaltie-  for  the 
violation  of  any  provisions  of  such  ordinance. 

Bb  i  Appointment  of  inspector  <//<</  deputies;  duties.  Any  city  or  village  having 
enacted   an  ordinance  under  the   provisions  of   this  act   shall   immediately  appoint  a 

person  qualified  by  education  and  experience  to  properly  perform  the  duties  of  the 
office  of  inspector,  who  shall  hold  his  office  for  one  year  and  until  hi-  suco 
appointed  and  qualified,  and  Buch  deputies  with  like  qualifications  a-  may  be  neces- 
sary, who  shall  hold  office  for  a  like  term;  and  such  inspector  and  all  deput)  inspect- 
ors -hall  take  an  oath  of  office  t"  faithfully  and   impartially  discharge  all    the  duties 

thereof.  The  inspector  -hall  promptly  report  to  the  city  or  village  attorney,  or  to 
the  proper  prosecuting  officer  i"i   prosecution  ever)   violation  of  the  ordinance  in 

n  Mich  ci I  \  or  \  illage  under  the  pn.\  i- ion-  of  tin-  ad.  and  shall  also  report  to 
the  board  of  health  of  said  cii\  or  village,  at  l.a-t  monthly,  in  detail,  all  inspections 
made  by  him  and  all  violations  "i  -aid  ordinance 


296  FOODS    AND   FOOD    CONTROL. 

Sec.  5.  Slaughter-house  requirements.  Any  city  or  village  having  enacted  an  ordi- 
nance under  the  provision  of  this  act  shall  specify  the  following  requirements  for  all 

slaughter-houses  within  its  limits: 

(a)  No  slaughtering  shall  be  done  in  barns,  sheds,  or  other  building  not  designed 
and  not  suitable  for  slaughtering  animals  and  lor  the  handling,  dressing  and  eooling 
of  meats;  nor  shall  any  slaughtering  be  done  outside  of  a  building. 

(b)  All  shaughter-houses"  shall  have  an  abundant  supply  of  water  from  a  well  or 
other  source  which  is  not  contaminated  from  the  Blaughter-house  or  surrounding  pens 
or  enclosures,  or  any  part  of  the  premises;  and  which  may  be  applied  with  adequate 
pressure  through  a  hose  to  any  part  of  the  room  or  rooms  used  for  the  purpose  "l 
slaughtering  or  preparing  meats  for  consumption  as  human  food. 

(c)  All  slaughter-houses  shall  have  suitable  floors  and  sub-drainage  with  proper 
sewer  connections,  which  floors  shall  be  thoroughly  washed  off  each  day  after  the 
slaughtering  is  completed. 

■  1  The  walls  and  all  exposed  surfaces  on  the  inside  of  slaughterhouses  shall  be 
cleansed  by  washing  or  scraping  as  often  as  once  in  each  month,  and  if  the  surfaces 
are  not  painted  they  shall  be  calcimined  or  whitewashed  at  Least  once  a  month. 

(e)  Cooling  and  store  rooms  for  meat  shall  be  properly  ventilated. 

(f)  All  offal  and  refuse  shall  be  removed  from  the  slaughter-house  on  the  day  of 
slaughtering,  and  disposed  of  in  a  decent  and  sanitary  manner. 

(g)  All  animals  kept  in  yards  attached  to  slaughter-houses  shall  lie  treated  in  a 
humane  manner,  and,  if  kept  there  over  twelve  hours,  shall  be  fed  and  watered. 

(h)  All  pens  o)-  enclosures  connected  with  any  slaughter-house  shall  be  kept  in  a 
proper  sanitary  condition. 

Sec.  6.  Slaughter-houses  without  city  Hunts.  Any  city  or  village  having  a  meat 
inspector  under  the  provisions  of  this  act  shall  refuse  to  permit  to  be  brought  within 
its  Limits  to  be  sold  or  offered  for  sale  therein  any  meat  from  any  slaughter-house 
situated  outside  its  limit  whose  owner,  lessee  or  occupant  has  not  conformed  to  the 
requirements  Bpecified  in  section  five  of  this  act,  and  the  provisions  of  the  ordinance 
enacted  by  said  city  or  village  pursuant  to  this  act  and  in  force  therein. 

Sec.  7.  Appropriation;  disposition  of  fees.  Any  city  or  village  having  ao  inspector 
under  the  provisions  of  this  act  shall  appropriate  out  of  its  general  funds  such  sums 
of  money  as  shall  be  deemed  proper  for  the  salary  of  the  inspector  and  his  deputies; 

and  in  addition  thereto,  may  apply  the  license  ice  and  any  fees  accruing  from  the 
inspections  of  animals  and  meats,  to  be  paid  thereunder  for  that  purpose,  or  require 
said  fees  to  he  covered  into  the  city  or  village  treasury. 

8»  .  8.  Duties  of  deputy  inspectors.  All  deputy  inspectors  shall  have  the  same 
powers  and  perform  all  the  duties  devolving  upon  the  inspector  under  his  direction 
and  superintendence,  except  that  they  shall  make  all  reports  required  by  this  act  to 
the  inspector,  by  whom  same  shall  he  reported  as  hereinbefore  provided. 

'.».  Inspection  by  Federal  authorities.  All  meat  which  has  been  inspected  by 
Federal  authority  shall  not  he  subject  to  local  inspection,  except  as  to  the  market, 
vehicle  or  place  at   or  from  which   it    is  sold  or  offered    lor  sale  and  as  to  changes, 

decomposition,  etc. 

Sec.  10.  Presence  of  meat  in  vehicles,  >/<■.,  evidena  <*/  intent  t<>  use  as  food.  In  all 
prosecutions  for  violations  of  any  ordinance  enacted  pursuant  to  this  act.  the  tact 

that  an)   me;it  is  found  in  any  slaughter-house,  market  or  vehicle  within  such  city  or 

village  -hall  be  presumptive  evidence  that  the  same  w as  intended  tor  use  a-  human 
food 

8bc.  lb  Location  of  slaughter-houses;  public  abattoir.  No  slaughter-house  shall  be 
established  or  maintained  nearer  to  the  Limits  of  any  city  or  village  than  is  prescribed 

by  the  law  in  this  state:  Provided,  however,  Any  city  or  village  having  enacted  and 


m  Statutes. 


MICHIGAN.  297 

enforced,  an  ordinance  pursuant  to  this  act  may  cause  to  be  erected  and  maintained 
a  public  abattoir  in  which  all  animals  intended  for  human  food  within  said  city  or 
village  may  be  slaughtered,  regulate  the  use  thereof,  and  the  terms  upon  which  the 
same  may  be  used :  Provided,  further,  That  nothing  in  this  act  shall  be  construed  to 
prevent  any  farmer  from  killing,  dressing  and  selling,  in  the  open  market,  unless 
diseased,  any  animal  or  fowl  intended  for  food  that  he  has  raised,  fed  or  slaughtered, 
nor  any  dealer  or  merchant  from  buying  or  selling  the  same. 

Approved  May  14,  1903.     Public  Acts  of  1903,  No.  120,  p.  140. 

PEPPER. 

Sec  1.  Standard  for  black  pepper.  Within  this  State  no  person,  firm  or  corpora- 
tion shall  manufacture,  offer  or  expose  for  sale,  keep  in  possession  with  intent  t<» 
sell,  or  sell  any  ground  or  whole  black  pepper  containing  any  foreign  substance 
whatever.  All  black  pepper  shall  contain  not  more  than  six  ami  one-half  per  cent 
ash  or  mineral  matter;  and  shall  contain  not  less  than  twenty-five  per  cent  starch  as 
determined  by  the  diastase  method;  and  shall  contain  not  less  than  six-tenths  of 
one  per  cent  nor  more  than  one  and  three-fourths  per  cent  of  volatile  ether  extract; 
and  shall  contain  not  more  than  ten  per  cent  nor  less  than  six  and  one-hall  per  cent 
of  non- volatile  ether  extract;  and  shall  contain  not  more  than  sixteen  per  cent  of 
crude  fibre. 

Sec.  2.  Penalty.  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neglects 
or  refuses  to  do  any  of  the  acts  or  things  enjoined  by  this  act.  or  in  any  way  violates 
any  of  its  provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  a  fine  not  less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars  and 
the  costs  of  the  prosecution  or  by  imprisonment  in  the  county  jail  not  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Approved  May  28,  1901.     Public  Acts,  1901,  No.  ISO,  pp.  255-256. 

-  VLT. 

4t>l  1.(1)  Penalties  [dealer  and  manufacturer)  for  seUingor  exporting  salt  befort  inq 
\h  salt  manufactured  or  mined  in  this  State,  after  this  act  takes  effect,  shall  be  sold 
within  or  exported  from  this  state  until  the  same  shall  be  duly  inspected,  as  pro- 
vided in  this  act.  Any  person  u  ho  -hall  violate  the  provisions  <>l"  this  section  shall 
pay.  for  the  use  of  the  people  of  this  State,  as  a  tine,  the  sum  of  one  dollar  for  each 
barrel  or  portion  thereof  of  salt  sold  or  exported  contrary  to  the  provisions  of  this 
act.  [n  case  any  manufacturer  or  producer  of  salt  shall,  knowingly,  sell  or  export, 
or  permit  to  be  sold  or  exported,  -alt.  contrary  to  the  provisions  of  this  act,  he  shall, 
upon  conviction  thereof,  !•«■  Liable  to  a  line  not  exceeding  one  thousand  dollars  or 
imprisonment  in  the  county  jail  not  exceeding  ninety  days:  Provided,  That  nothing 
in  this  act  shall  apply  to  salt  packed  or  purchased  and   in  the  hand.-  of  produi  I 

dealers  when  this  act  takes  effect.     I     /     is;/.  1458.  How.  i, 

a, at  nded  by  Act  186  of  1861,  encouraged  the  manufactun  of  tall;  Act  SO  of  1869  repeaUd 

that  act;  amended  Jum  90,1906.     Public  Acts  1906     \  '),  p.  500. 

1912.  (2)  Appointment  of  inspector.     Immediately    after  the  expiration   of  the 
present  inc  term  of  oilier,  and  every  two  years  thereafter,  there  shall  be 

appointed  by  the  governor  of  this  State,  bj  and  with  the  advice  and  consent  of  the 
senate,  an  Inspector  of  salt,  who  shall  be  a  person  of  competent  skill  and  ability,  and 

who  shall  hold  his  office  for  two  years  and  until  his  successor  shall  he  appointed  and 

qualified,  unless  sooner  removed  tor  cause,  lie -hall  at  all  time-  he  subject  to 
removal   by  the  governor  for  cause;  and  in  addition  t"  other  causes   which   may 

arise,  inc potency  or  inefficiency  in  the  performance  of  the  duties  devolved  on  him 

by  this  a.t,  -hall  be  deemed  good  cause  for  removal.     U  mcy  in  the 


298  FOODS  AND  FOOD  CONTROL. 

office,  it  shall  be  the  duty  of  the  governor  t<»  till  the  same  by  appointment,  immedi- 
ately upon  receiving  notice  thereof,  and  such  appointment  shall  hold  until  the  close 
of  the  next  session  of  the  senate:  and,  in  the  meantime,  the  governor  shall,  with  the 
consent  of  the  senate,  appoint  to  rill  the  vacancy  for  the  unexpired  portion  of  the 
term.—'".  L.  1871,  1459.  Am.  1879,  p.  855;  app.  May  81;  eff.  Aug.  SO,  Ad  949.  Row. 
1495. 

4913.  (3)  Ii>.<i»<in>n  districts;  <l,]/"tit.<.  Immediately  after  his  appointment  an  1 
qualification,  the  inspector  shall  divide  the  salt-making  territory  of  this  state  into  so 
many  inspection  districts  as  he  may  judge  necessary,  and  shall  appoint  for  each  dis- 
trict one  or  more  competent  ami  efficient  deputy  inspectors,  who  shall  hold  office  at 
the  pleasure  of  the  inspector,  and  for  whose  act.-  he  shall  be  responsible.  Such  dis- 
trict- may  he  changed  from  time  to  time,  as  may  he  necessary.  The  inspector  shall 
give  his  entire  time,  skill  and  attention  to  the  duties  of  his  office,  and  shall  not  be 
engaged  in  any  other  business  or  occupation.  —  C.  L.  1871,  1460;  Blow.  1496. 

41)14.  i4  i  "Salaries  and  expenses.  The  inspector  shall  he  entitled  to  receive  an 
annual  salary  of  fifteen  hundred  dollars;  he  shall  also  he  allowed  the  further  sum  of 
three  hundred  dollars,  annually,  for  the  expenses  of  providing  and  furnishing  his 
office  and  for  clerk  hire,  stationery,  books,  and  printing;  and  such  further  sum  as  he 
may  actually  and  necessarily  expend  in  traveling,  and  other  expenses,  in  an  amount 
not  to  exceed  seven  hundred  dollars  per  annum,  which  shall  be  incurred  in  the 
proper  discharge  of  his  duties;  his  deputy  shall  be  entitled  to  such  sums  in  each  case 
as  In-  may  approve,  not  exceeding,  in  any  case,  the  sum  of  one  hundred  dollars  per 
month  for  the  time  actually  employed:  Provided,  That  such  deputy  inspectors  may 
he  allowed  their  necessary  expenses  in  addition  to  the  above  Mini  when  employed 
Outside  their  respective  districts.  All  salaries  and  expenses  provided  for  by  this  act 
shall  be  retained  by  the  inspector  out  of  the  money  received,  under  the  provisions 
lion  live  of  this  act.  ami  accounted  for  and  paid  out  by  him.  as  provided  by 
this  act,  which  salaries  shall  be  paid  monthly:  Provided,  That  in  case  the  amount  of 
money  received  for  the  inspection  of  salt,  according  to  the  provisions  of  section  five 
of  this  act,  shall  not  be  sufficient  to  pay  salaries  and  expenses  of  the  inspector  and 
his  deputies,  as  provided  for  herein,  that  the  amount  of  such  deficiency  shall  be 
deducted  from  said  salaries,  pro  rata  to  each. — C.  L.  1871,  1401.  Am.  1878,  />.  544; 
app.  May8,  Act  199.  Am.  1875,  />.  124;  «/>/>■  Apr.  />;.  Act 86.  Am.  is;;,  />.  71;  app. 
May  S,  Act  90.  Am.  1879,  p.  256;  «\>i>.  Ma;/  SI,  eff.  Ann.  SO,  Art  949.  How.  1497. 
Am.  .Inm  20,  1905.     Puplic  Arts  1906  I  No.  82S),  p.  500. 

t9 15.  :>  Inspection  fees;  inspector's  accounts.  Each  person,  firm,  company,  and 
corporation  engaged  in  the  manufacture  or  production  of  salt,  or  for  whom  any  salt  shall 
be  inspected,  shall,  from  time  to  time,  as  salt  is  Inspected,  or  offered  for  inspection,  pay 
on  demand,  to  the  salt  inspector  or  the  depnt\  of  the  district  where  the  salt  is 
inspected,  three  mills  lor  each  t  wo  hundred  ei- hi  \  pounds  of  sail  inspected  or  offered 

for  inspection:  Provided,  Thai  the  same  may  be  required  by  the  inspector  to  be 
paid  in  advance:  And  proi  id\  d  further.  That  but  one  inspection  fee  shall  be  paid  upon 
the  same  salt      In   case  any   person,  firm,  company,  Or  corporation    shall   neglect  or 

refuse  to  pa)  such  inspection  i^-<  on  demand  at  his,  their,  or  its  office,  manufactory, 

or  mine,  the  party  BO  refusing,  shall  be  liable  in  an  action  therefor,  in  the  name  of 
the  inspector,  and  the  certificate  of  inspection,   with  the  proof  Of  the  signature  of  the 

inspector  or  deputy  inspector,  giving  the  same,  shall  be  prima  facie  proof  of  tin-  lia- 
bility and  the  extent  of  liability  of  the  party  BO  in  default  ;  and  it  shall  be  lawful  fer- 
tile inspector  and   his  deputy  to    refuse   to    inspect    salt    inamifaet nred   at    the  work-, 

manufactory,  or   mine  so  in  default,  until  the  amounl  due  is  paid.     All  monej 

received  by  or  paid  to  any  deputy  inspector,  under  this  section,  shall  I'c  forthwith 
paid  to  the  inspector.      The  inspector  shall  keep  jusl  and  true  accounts  of  all  money 

received  under  this  section,  and  an  act nt  of  the  amounts  received  from  or  paid 

by  each  person,  firm,  company,  and  corporation  engaged  in  the  production  of  salt, 


MICHIGAN.  299 

and  all  other  things  appertaining  to  the  duties  of  the  office,  and  the  said  hook-  and 
accounts  shall  always,  during  office  hours,  be  subject  to  the  inspection  and  exami- 
nation of  any  person  who  may  wish  to  examine  them,  and  shall  he  handed  over  to 
his  successor  in  office,  together  with  all  the  money  and  effects  appertaining  to  said 
oflice.—  C.  L.  1871,  1462.  An,.  1815,  p.  124;  "/>/'■  -I/"'-  16,  Acl86.  Am.  1877,  p.  71; 
•  Hq,.  May  .;.  Ad  90.  Am.  Ay;.'/,  ,,.  $56;  >>j>/>.  May  81;  eff.  Aug.  SO,  An  /.;//.  How. 
1498.     A,,,.  .!«,,»   20,  1905.     Public  An,  1905  I  No.  828),  p.  501. 

-1-5M (J.  (6)  Inspector's  <><iih  and  howl.  The  inspector  sintM.  before  entering  upon 
the  duties  of  his  office,  take  the  oatli  prescribed  by  the  constitution  of  this  Btate, 
which  oath  shall  he  filed  in  the  office  of  the  secretary  of  state.  He  shall  execute  a 
bond  to  the  people  of  this  state  in  the  penal  sum  of  seven  thousand  dollar-,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office,  which  bond  shall  have 
at  least  two  sureties,  and  shall  be  suhject  to  the  approval  of  the  state  treasurer:  and 
when  approved  shall  he  by  such  treasurer  filed  and  deposited  in  his  office;  and  the 
inspector  shall  renew  his  bond  every  year.  Any  person  or  corporation  injured  by 
the  aeglecl  or  default  of  such  inspector,  or  by  his  misfeasance  in  office,  or  hy the 
neglect,  default  or  malfeasance  [misfeasance]  of  any  of  hi-  deputies,  may  maintain  an 
action  on  such  bond  in  the  name  of  the  people,  lor  the  u-e  of  the  party  prosecuting, 
and  -hall  he  entitled  to  recover  the  full  amount  of  damages  sustained.  —  C.  A.  is? J, 
1468.     A,,,.  1879tp.  ?57;  ><i>/>.  M".;.;/.-  eff.  Aug.  SO,  Art  .'.;//.     How.  1499. 

4-1)1 7.  (7)  Deputies'  oath  <iu<\  bond.  Each  of  the  deputies  appointed  by  the  inspector 
shall  take  the  oath  of  office  prescribed  h>  the  constitution,  and  shall  L'ive  bond  to 
the  inspector  in  such  sum,  and  with  such  sureties  a-  he  may  approve,  conditioned 
for  the  faithful  performance  of  his  duties  as  such  deputy;  and  in  case  said  inspector 
shall  be  obliged  to  pay  any  sum  for  the  aeglecl  or  default,  or  misfeasance  of  any 
deputy,  he  may  recover  of  such  deputy,  and  his  sureties  on  such  bond,  the  amount 
he  was  obliged  to  pay,  with  accruing  costs. — C.  L.  1871,  1464-     How.  i~><><i. 

4-tHs.  (8)  Officeandopen  records  of  inspector.  The  inspector  shall  keep  a  principal 
office  in  BOme  our  of  the  principal  salt  producing  districts  of  this  State,  and  the 
deputy  inspector  for  the  district,  in  which  such  office  is  located  may  occupy  the 
same  office.  Such  office  shall  be  open  at  all  times  during  business  hours.  All  tin- 
hook-,  records  and  account-  -hall  he  kept  in  such  office,  and  each  deputy  inspector 
shall,  at  least  once  in  each  month,  make  a  written  report,  by  mail  or  otherwise,  to 
the  inspector,  of  salt  inspected  hy  him.  during  the  month,  stating  for  whom,  and 
the  quality  and  quantity  thereof  Abstracts  of  these  reports  shall  he  entered  in 
hook-  for  that  purpose.  Said  inspector  shall,  in  proper  hooks,  keep  a  complete 
record  and  account  of  all  his  transaction.-,  and  such  hooks  shall  also  he  open  for  the 
examination  of  all  persons  wishing  to  examine  same  during  office  hours. — C.  I..  1871, 
i?;;,.  Am.  is;.,,  v.  /.",,-  app.  Apr.  16,  Act 86.  How.  1501.  Am.  1887,  p.  924;  app. 
Jum  -l;  eff.  Sept.  98,  An  _<n.;.    Am.  Junt  Public  Acts  18 

9491.  (9)   Inspector  must  not  deal  in  salt.    The  inspector  -hall  not  he  in  any  way 

concerned  in  tin-  manufacture  or  selling  of  salt,  of  have  any  interest  w  hate\er,  directly 
or  indirectly,  in  an\  -alt  manufactory  .  or  erection  for  manufacturing  -alt  in  the  State 
of  Michigan,  or  in  the  profits  of  any  such    manufactory.  -  < '.  /..  ','  /,  .' 

1920.  <  10)  Daily  inspection  of  manufactories  by  deputies.  It  -hall  he  the  duty  of  the 
deputy,  in  each  district,  to  \i.-it,  once  in  each  day,  Sundays  excepted,  each  -alt  man- 
ufactory in  his  district,  when  in  operation,  and  to  ascertain  if  there  be  therein  any 
Bait  of  bad  quality,  and  such  as  ought  not  to  pass  inspection.     C.l 

1921.  Mi  Inspection  of  manufactories  by  inspector.  It  shall  he  the  duty  of  the 
inspector  to  yisil  the  manufactories  in  which  -alt  i-  made,  that  may  be  in  operation 
in  the  different  districts,  as  often  as  practicable.     C.  I 

tin*'-'.     12)  Cha  pedum.     The  inspector  or  deputy,  at  each  visit,  as  pro- 

vided in  i  lo    act,  shall  carefully  examine  the  salt  in  the  bins,  and  tin-  brine  in  kettle-. 

or  pans,  or  vats  in  VI  hich  the  -all  l-  manufactured;   if  the  .-all  in  the  bins,  Of  any  part 


300  FOODS  AND  FOOD  CONTROL. 

thereof  is  of  bad  quality,  and  such  as  ought  not  to  pass  inspection,  or  if  the  brine  in 
the  kettles,  or  pans,  or  graining-vats  have  not  been  cleansed,  he  will  direct  and  see 
that  the  owner,  or  occupant,  or  boiler,  or  other  person  having  charge  of  the  manu- 
factory, remove  the  bad  salt  from  the  bin  and  place  it  with  second  quality  salt,  or 
throw  it  among  the  bitterns,  as  the  inspector  or  deputy  may  direct,  and  the  impure 
brine  in  the  kettles,  or  pans,  or  graining-vats  be  thrown  out,  and  new  brine  substi- 
tuted.—'". L.  '71,  1469;  How.  1505. 

402.'$.  (13)  Penalty  for  using  lime  or  lime  water.  No  lime  or  lime-water  shall  be 
used  by  any  person  in  the  manufacture  of  salt,  in  the  kettles,  or  pans,  or  graining- 
vats  used  for  manufacturing,  under  a  penalty  of  twenty-five  dollars  and  costs  for  each 
offense,  to  be  sued  for  in  the  name  of  the  people  of  this  state:  Provided,  That  iron 
vessels  used  in  the  manufacture  of  salt  may  be  whitewashed,  when  cool,  to  prevent 
the  accumulation  of  rust. — C.  L.  '71,  1470;  How.  1506. 

4J)24.  ( 14  )  Application  for  inspector.  Every  person  desiring  to  have  salt  inspected, 
shall  apply  to  the  inspector  or  deputy  inspector  of  the  district  where  the  same  shall 
be,  which  inspector  or  deputy  inspector  shall  thereupon  actually  examine  the  salt  90 
offered  for  inspection,  in  the  package  in  which  the  same  may  then  be.  —  C.  L.  '71, 
1471;  How.  1507. 

V.yl").  (15)  Packages  to  be  opened  for  inspection.  To  facilitate  such  examination,  it 
shall  he  the  duty  of  the  person  or  company  offering  the  salt  for  inspection,  tounhead 
or  bore  the  barrel,  or  to  open  the  bag  or  other  package  in  which  thesaltis  contained, 
as  may  be  directed  by  the  inspector  or  deputy  inspector,  so  as  to  expose  the  salt  to 
his  touch,  view,  and  examination.  —  C.  L.  '71,  1472;  How.  1508. 

4!>2<>.  (16)  Good  salt  defined.  The  inspector,  or  deputy  inspector  shall  not  pass 
any  salt  as  good,  unless  he  shall  find  it  to  be  well  made,  free  from  dirt,  filth  and 
stones,  and  from  admixture  of  lime,  or  ashes  of  wood,  and  of  any  other  substance 
which  is  injurious  to  salt,  fully  drained  from  pickle,  the  bitterns  properly  extracted 
therefrom,  and  manufactured  as  directed  by  this  act,  and  by  the  rules  and  regula- 
tions of  the  inspector.— C.  L.  '71,  147S;  How.  1509. 

41)27.  (17)  Necessary  help  and  branding  material  to  be  furnished  owner  of  salt.  The 
person  or  company  offering  the  same  for  inspection,  shall  in  all  cases  provide  the  nec- 
essary force  to  lift  the  salt  while  the  inspector  or  deputy  weighs  or  measures  it,  and 
shall  also  furnish  the  uecessary  help  and  material  to  brand  the  salt  for  and  under  the 
direction  of  the  inspector  or  deputy  inspector.-  -C.  /..  '71,  1474;  How.  1610. 

V.)%ls.  (18)  Manufacturer  to  provide  scales.  Each  manufacturer  shall  provide  a  scale 
or  balance  at  his  works,  to  be  examined  from  time  to  time,  and  approved  by  the- 
inspector,  in  which  all  the  salt  offered  for  inspection  at  his  works  may  be  weighed. — 
C.  L.  '71,  1475;  How.  1511. 

4929.  I  L9)  Inspector's  certificate  and  brand.  Each  inspector  or  deputy  shall  deliver 
to  the  party  for  whom  he  shall  inspect  salt,  a  certificate  "t"  the  quantity  and  quality 
inspected,  and  shall  thereupon  direct  the  employes  of  the  manufacturer  to  brand  and 

mark,  under  his  personal  supervision,  with  durable  paint,  the  package  containing 

tin-  -alt  BO  inspected,  with  the  surname  of  the  inspector  at  length,  and  the  initials  of 
his  christian  name,  with  the  additn f  the  word  "inspector,"  in  letters  at  least  «'!)<■ 

inch  in  length,  and  shall  also  cause  to  be  marked  or  branded  by  the  employes  of  the 
manufacturer  upon  the  head  of  the  hand,  cask,  or  package,  the  weight  prescribed 

for  BUch  barrel,  cask,  or  package  by  the  inspector,  when  such  weights  are  in  con- 
formity to  the  rules  and  regulations  prescribed  by  the  inspector  in  that  regard;  and 
if  such  weights  do  not  correspond  to  the  rules  and  regulations  he  shall  cause  the  same 
to  i„.  repacked  boss  to  conform  thereto.  ( '.  I..  '71,  1  f76.  Am.  1876,  p.  196;  app.  Apr. 
/<;,  Art  86;  How.  1512. 

1980.  (SB      -  iction  of  barrels,     it'  the  said  salt  shall  be  put  up  in  barrels  it 

shall  not  be  marked  unless  the  Wands  are  thoroughly  seasoned,  stout,  and  well  made, 


MICHIGAN.  301 

with  such  Dumber  of  hoops  as  shall  he  prescribed  by  the  inspector,  to  be  well  nailed 
and  secured.— C.  L.  '71,  1477.     Am.  1873,  p.  58;  app.  Mar.  "•/;  How.  1513. 

41)31.  (21)  Penalty  for  counterfeiting  marks  or  brand*.  Every  person  who  shall 
falsely  or  fraudulently  make  or  counterfeit,  or  cause  to  be  made  or  counterfeited,  or 
knowingly  aid  and  assist  the  false  or  fraudulent  making  or  counterfeiting  the  mark 
or  brand  of  any  inspector  or  deputy  inspector,  on  any  package  containing  salt,  shall 
be  deemed  guilty  of  felony,  and  on  conviction  thereof,  shall  be  subject  to  a  fine  of 
not  less  than  one  hundred  nor  more  than  one  thousand  dollars,  or  be  imprisoned  in 
i  be  State  prison  for  a  term  not  less  than  one  nor  more  than  six  years,  or  both,  in  the 
discretion  of  the  court. — C.  L.  '71,  1478.     Hon-.  1514. 

4932.(22)  Drainage  of  salt  before  packing;  inspection.  No  manufacturer  or  other 
person  shall  pack,  or  cause  to  be  packed,  or  sell,  or  offer  for  sale  in  barrels,  casks, 
3,  sacks,  or  in  bulk,  any  salt,  until  an  inspector  shall  have  determined,  upon 
actual  examination,  that  the  same  is  sufficiently  drained  of  pickle,  and  otherwise  lit 
■k.  All  salt  shall  stand  in  the  boxes  at  least  twenty  days  before  packing,  and 
the  time  will  be  taken  to  commence  from  the  last  discharge  of  wet  salt  into  the  bins; 
nor  will  the  packing  of  any  such  salt  be  allowed  until  the  same  has  been  declared  fit 
for  that  purpose  upon  an  actual  examination  by  the  inspector  or  his  deputy,  and  the 
packing  of  any  salt  without  express  permission,  although  twenty  days  may  have 
elapsed,  shall  not  be  allowed.  —  ('.  L.  '71,  1479.  How.  1515;  Am.  1883,p.  162;  app. 
Jum  pt.  8;  A<t  150. 

4933.  (23)  Inspection  of  salt  bins  its  to  packing.  The  inspector  and  his  deputies, 
in  their  daily  examination  of  the  several  salt  manufactories,  shall  examine  all  bins 
of  sa'.t  for  the  purpose  of  ascertaining  whether  any  salt  is  packed  contrary  to  the  pro- 
visions of  the  foregoing  section.  —  C.  L.  '71,  1480.  Am.  18?.',.  j>.  tB5;  app.  Apr.  16; 
Act  86;  How.  1516. 

4934.  (24)   Penalty  for  packing  befon   inspection.     If  any  manufacturer  or  other 
l  shall  pack  any  salt  before  the  inspector  or  one  of  his  deputies  shall  have 

determined  that  it  is  lit  for  packing,  he  shall  forfeit  the  sum  of  twenty-live  cent-  for 
every  bushel  of  salt  BO  packed.  —  (\  I..  ':/.  1481;   How.  1517. 

493").  25  !' ■■>■  for  packing  uninspected  salt  in  branded  casks.  Barrels,  casks  or 
Backs  in  which  salt  shall  have  been  packed  and  inspected,  shall  not  again  be  used 
for  the  parking  of  salt  therein,  until  the  mark  or  brands  made  by  the  inspector  shall 
be  ftrsl  cut  out  or  removed;  and  if  any  person  shall  pack,  or  cause  to  be  packed,  or 
shall  aid  or  assist  in  packing  any  uninspected  salt  in  any  such  barrels,  casks,  or  sacks, 
without  6rst  cutting  out  or  removing  such  marks  or  brands,  he  shall  forfeit,  for 

every  bushel  of  salt  BO  packed,  the  sum  of  One  dollar. — C.    /-•  '■!.   I48f.       HOW.   1518. 

4986.  Manufacturer*  s  name  to  be  branded  on  casks  of  first  class  salt.     It  shall  1h> 

tin'  duty  of  every  manufacturer  to  brand  or  mark,  with  durable  paint,  every  ca-k  or 
barrel  of  salt  manufactured  by  him.  with  the  surname  at  full  length  of  the  proprie- 
tor or  owner  of  the  manufactory  at  which  the  same  shall  have  been  made,  and  the 
initial  letter- of  hi<  christian  name,  and  if  the  same  shall  have  been  manufactured 
for  a  company,  or aSBOdation  of  individuals,  he  -hall  mark  or  brand,  in  like  manner, 

upon  every  such  cask  or  barrel,  the  name  by  which  the  company  is  usually  called: 
cond  quality  salt  shall  be  so  marked      I     /        . 
193  7.     27     /  \sp  dor's  brand  must  not  be  affixed  i>,  fan  tin-  tnanufactur  \  • 

inspector  or  deputy  inspector  shall  inspect  or  pass  any  barrel,  ca-k.  box,  or  sack  oi 
salt  which  -hall  not  be  marked  or  branded  in  the  manner  prescribed  in  the  last 
m,  and  the  inspector  or  deputy  shall  not  affix  his  brand  to  any  barrel  of  Bait 
which  shall  not  have  I  randed  by  the  manufacturer  offerii  aefor 

it  none  of  the  provisions  of  this  section  shall  apply  to  second 
quality  salt:  Andprox icL dfnrtfu r,  That  the  inspector  may,  by  regulations  prescribed 
by  him,  provide  that   both  the  brand  of  the  manufacturer  and   that  k(  the  in- 
shall  be  put  upon  each  package  at  the  same  time. — C  I 
L0943     No.  89,  pi  I     I  8  — 8 


302  FOOD-  AND  FOOD  CONTROL. 

4938.  28  Branding  of  "  second  quality  "  salt.  Salt  of  ad  inferior  quality — dirty. 
damaged  or  condemned— may  be  sold  loose,  or  in  bulk,  by  the  manufacturer  thereof, 
at  the  works,  the  inspector, making  bills  of  the  same,  designating  the  quantity  by 
weight,  as  inordinary  cases,  and  distinguishing  the  same  as  "second  quality;"  or, 
such  interior  salt  may  be  packed  in  boxes,  barrels,  casks  or  sacks,  and  branded  by 
the  inspector  with  the  words  "second  quality  salt,"  in  plain  letters  not  less  than 
one  inch  in  length,  and  such  inspector  shall  add  the  initials  of  his  name,  and  no 
other  or  different  brand  shall  be  placed  thereon;  and  said  Becond  quality  salt,  sub- 
ject to  the  provisions  of  this  section,  may  be  sold  or  exported  by  the  owner  as 
such.— r.  L.  71,  i486.     How.  1521. 

4!).'$!).  (29)  Penalty  for  forging  manufacturer's  brand.  Every  person  who  shall 
forge  or  counterfeit  the  name  so  required  to  be  put  on  by  the  manufacturer,  or  shall 
cause,  or  procure  to  be  put  on  any  barrel  or  cask  in  which  salt  shall  be  packed,  the 
name  of  any  person  other  than  that  which  properly  should  be  placed  thereon  accord- 
ing to  the  provisions  of  this  act,  shall,  for  every  such  barrel,  cask  or  sack,  forfeit  the 
sum  of  one  hundred  dollars,  and  shall  also  be  liable  for  all  damages  to  the  party 
aggrieved.— C.  L.  '71,  I486.    How.  152$. 

41)40.  (30)  Inspector  to  specif y  quantity  of  saU  in  packages.  The  inspector  shall,  by 
regulation  from  time  to  time,  specify  the  quantity  of  salt  that  shall  be  contained  in 
bags  or  other  packages  which  shall  be  offered  for  inspection.  And  it  shall  not  be 
lawful  for  him  to  authorize  the  inspector's  brand  to  be  placed  upon  any  package  that 
does  Dot  correspond  with  said  regulation.—'".  /,.  '7/,  1487.     How.  1528. 

404-1.  (31)  Brands  fur  ground  salt.  The  inspector  shall,  by  regulation,  require 
that  all  ground  salt  manufactured  and  put  up  for  market,  shall  be  legibly  marked  mi 
each  keg,  box,  sack,  bag,  or  other  package  containing  the  Bame,  with  the  words 
"ground  Bolar,"  or  "ground  boiled,"  or  "ground  steam."  or  •"ground  Chapin," 
as  the  fact  may  be.  Such  marking  to  be  done  in  letters  not  less  than  an  inch  in 
length.— C.  L.  '71,  1488.     How.  l 

4!)4*2.  (32)  Penalty  for  betrayal  of  trust  by  inspector.  If  the  inspector  shall  consent  to, 
connive  at.  aid  or  abet  the  smuggling  of  salt,  or  the  transportation  of  the  same  a\\a\  . 
so  as  to  evade  the  inspection  thereof,  or  shall  accept  of  any  bribe,  or  sum  of  money, 
or  any  gift,  or  reward  whatsoever,  upon  any  express,  or  secret  or  implied  trust,  or 
confidence  thai  he  shall  connive  at,  or  consent  to  any  evasion  of  the  laws  for  the 
inspection  of  Bait,  such  inspector  shall  forfeit  bis  office,  and  pay  to  the  use  of  the 
people  of  this  state  the  sum  of  one  thousand  dollars.  —  C.  /..  '71,  1489.     II<>«-.  1525. 

\\)\\\.  (33)  Betrayal  of  trust,  by  deputy  inspector,  If  any  deputy  inspector  shall 
be  guilty  of  the  offenses  specified  in  the  last  section,  or  any  of  them,  the  inspector 
appointing  such  deputy  shall  forfeit  to  the  use  of  the  people  of  this  state  the  sum  of 
two  hundred  and  fifty  dollars,  for  the  recovery  of  which  his  bond  shall  be  put  in 
suit.-  '  .  L.  '71,  1490.     Hon.  1526. 

4044.  (34)   Inspectors  exempt  from  jury  service.     The  inspector  and  each  of   his 
deputies  -hall  be  exempt  from  serving OD  juries,  and  from  ail  military  service,  except 
in  case  of  actual  invasion  or  insurrection;  and  the  commission  or  appointment  in 
writing  of  any  Buch  officer  or  deputy  shall  be  >\  idence  of  the  tacts  Btated  therein. 
C.  L.  '71,  1491.     Hon.  16 

r.M.\.  Power  oj  inspector  to  mah  regulations.    The  inspector  shall  have  power 

from   time  to  time,  to  make  and   ordain  Mich  necessary  rules  and   regulations  a-   he 

may  derm  expedient,  concerning: 

First,  The  manufacturing  and  inspection  of  Ball  not  inconsistent  with  the  provi 
rions  of  t  his  act ; 

»nd,  The  dailj  examination,  and  reporting  b)  his  deputies,  of  the  operation 
and  extent  of  the  Beveral  salt  manufactories,  jo  as  to  determine  whether  the  quantity 
of  salt  inspected  at  each  manufactory,  is  equal  to  the  quantity  actually  manufactured 
thereat: 


MICHIGAN.  303 

Third.  The  districting  of  the  salt-making  territory  in  this  state,  and  the  duties  of 
his  deputies  under  this  act,  and  he  may  alter  and  revoke  such  rules  and  regulations 
at  his  pleasure.— C.  L.  '71,  1498.     How. 

4i)4(>.  (36)  Penalties  fixed  by  inspector;  publication  of  rules.  The  inspector  shall 
have  power  to  annex  penalties,  not  exceeding  ten  dollars  in  any  case,  to  the  viola- 
tion of  such  rules  and  regulations;  such  rules  and  regulations  shall  be  printed  and 
I  up  in  the  office  of  the  inspector,  and  in  each  manufactory,  and  published  at 
least  once  in  some  newspaper  in  each  county  where  -alt  is  manufactured,  and  shall, 
after  they  have  been  posted  and  published  a-  aforesaid  for  one  week,  be  binding 
upon  all  persons  concerned. — C.  L.  '71,  1493.     lion.  . 

41)47.  (37)  Inspection  to  be  made  within  is  hours  after  </nit>i,t>i;  penalty  for  delay. 
It  shall  be  the  duty  of  the  inspector  and  his  deputies,  upon  being  applied  to  by  any 
manufacturer  to  inspect  salt  in  his  district,  to  inspect  the  same  forthwith:  and  in  no 
shall  the  inspector,  or  any  deputy,  delay  the  inspection  of  salt  beyond  twelve 
Ik. iir-  of  daylight,  excluding  Sundays,  after  such  application,  unless  such  manufac- 
turer shall  consent  to  the  delay.  For  a  violation  of  this  section  by  the  inspector,  or 
any  one  of  his  deputies,  the  inspector  and  his  sureties  Bhall  be  liable  to  the  party 
\ed  in  the  sum  of  fifty  dollars  over  and  beyond  all  actual  damage-  sustained.— 
C.  /..  ';;.  //"','.    How.  1580. 

4948.    38    >"/'  of  bitterns.     Nothing  contained  in  this  act  shall  be  construed 
to  prevent  the  sale  or  exportation  of  the  bitterns  from  any  manufactory  of  salt,  such 
bitterns  to   be  -"Id   or  exported  in  bulk,  or  if  in  casks  or  barrels,  to  be  branded  as 
bitterns,  and  sold  or  exported  a-  such. — C.  L.  ';/.  1495.     How.  1531. 

404!).  39  Inspector',  successor.  In  case  of  any  vacancy  from  any  cause,  in  the 
office  "f  the  inspector,  the  deputy  who  has  been  longest  continuously  in  office  shall 
I — ess  the  powers  and  perform  the  duties  of  inspector  until  such  vacancy  shall  be 
tilled;  and  the  bond  of  the  inspector  and  hi-  BUreties  Bhall  continue  to  be  liable  for 
the  acts  of  all  the  deputies  until  such  vacancy  shall  be  filled.— C  L.  '7  /.  1496.  Am. 
p.  125;  app.  Apr.  16;  Ad  86.     How.  1539. 

4t).")<».  far**  report.     The   inspector  shall  annually,  in   the   month  of 

December,  and  on  or  before  the  fifteenth  day  thereof,  make  a  report  to  the  governor 
of  this  State,  which  shall  contain: 

First,  The  number  of  districts  into  which  the  salt-producing  territory  of  the  -tate 
may  then  be  divided,  with  the  name  and  locality  of  each,  and  the  number  and 
capacity  of  the  work-  of  each  district; 

iid.  The  quantity  and  quality  of  Bait  inspected  in  each  district  during  the  pre- 
ceding year: 

Third,  The  amount  received,  and  expenses  incurred  under  this  act  for  the  pi. 
ing  year,  in  detail: 

Fourth,  Such  -u<_r,_re-tioi]s  and   recommendations  as  he  may  think   proper  to  make 

concerning  the  manufacture  of  -ait.  and  tin-  operation  of  the  inspection  laws  upon 

■lie.  and  a-  to  w  hat  further  Legislation  upon  the  subject,  if  any.  would  be  ad\  i- 

able.     A  copy  of  such  report  shall  be  published  immediately  after  its  date,  in  some 

aper  in  the  Saginaw  vallej      C.  /..';/.  1497.     How.  : 

l'.>-"ii.  ond  quality."    The  inspector  shall  estab- 

lish a  grade  of  "tine"  -alt.  the  grain  of  which  -hall  be  at  least  as  tine  as  the  av< 

grain  of  salt  mad.-  in  kettle-.      Be  shall  Cause  the  WOrd   "fine"  to  be  marked  on  the 

packages  containing  such  salt,  in  Large  letter-,  and  the  word  '•tine",  with  or  w ithout 
qualification,  shall  not,  under  any  circumstances,  be  placed  on  salt  of  car-.-  grain; 
shall  be  designated  on  the  packages  by  some  truly  descriptive 
mark  or  brand,  and  the  inspector  may  mark  salt  i  quality,"  for  imp 

grain,  as  well  as  for  any  other  defi  // 

4962.     ;■     §  I  in  bulk;  private  brandt      Nothing  in  this  act  contained  shall 

i>e  construed  t"  prevent  I  shipment  of  -alt  in  hulk,  alter  the  same  shall  nave 


304  FOODS  AND  FOOD  CONTROL. 

been  duly  inspected,  and  a  certificate  thereof  given  by  said  inspector,  or  any  deputy; 
and  nothing  in  this  act  shall  be  construed  to  prevent  manufacturers  from  putting 
such  private  trade-mark  or  brand  on  their  salt  as  they  may  see  fit:  Provided,  It 
contains  no  untruth,  or  statement  calculated  or  intended  to  deceive  the  purchaser. — 
C.  L.  '71,  1409.     How.  i.-,;:,. 

4953.  (430)  Disposed  "f  surplus  funds.  In  case  the  inspector  shall,  at  the  time  of 
making  any  annual  report,  have  a  surplus  of  money  arising  from  the  inspection  fees 
in  this  act  provided  for,  in  his  hands,  he  shall  apportion  back  and  pay  such  surplus 
to  the  persons,  linns  or  corporations  for  whom  salt  has  been  inspected  during  the  hot 
preceding  year  in  proportion  to  the  amounts  paid  by  them  respectively  for  inspec- 
tion fees:  Provided,  That  in  no  case  shall  the  state  be  held  liable  for  any  obligation 
or  expenditure  in  consequence  of  any  of  the  provisions  of  this  act. — C.  L.  '71,  loUO. 
Am.  t875,  i>.  125;  app.  Apr.  16;  Act  86.     How.  1536. 

Compiled  Laws  1897,  vol.  2,  eh.  125,  pp.  1561-1669. 

SYRUP,  a 

Sec.  1.  Labels  required;  style  prescribed.  No  person  shall  offer  or  expose  for  sale, 
have  in  his  possession  with  intent  to  sell,  or  sell,  any  cane  syrup,  beet  syrup,  or  <rln- 
nnless  the  barrel,  cask,  keg,  can,  pail  or  package  containing  the  same  be  dis- 
tinctly branded  or  labeled  with  the  true  and  appropriate  name;  nor  shall  any  person 
offer  or  expose  for  sale,  have  in  his  possession  with  intent  to  sell,  or  sell  any  cane 
syrup  or  beet  syrup  mixed  with  glucose  unless  the  barrel,  cask,  keg,  can,  pail  or 
package  containing  the  same  be  distinctly  branded  or  labeled  "Glucose  Mixture" 
or  "Corn  Syrup"  in  plain  Gothic  type  not  less  than  three-eighths  of  an  inch  square, 
with  the  name  and  percentage  by  weight  of  each  ingredient  contained  therein 
plainly  stamped,  branded  or  stenciled  on  each  package  in  plain  Gothic  letters  not 
less  than  one  quarter  of  an  inch  square.  Each  and  every  package  of  syrup  either 
simple  or  mixed  shall  bear  the  name  and  address  of  the  manufacturer.  Such  mix- 
tures or  syrups  shall  have  no  other  designation  or  brand  than  herein  required  that 
represents  or  is  the  name  of  any  article  which  contains  a  saccharine  substance;  and 
all  brands  or  labels  required  shall  be  an  inseparable  part  of  the  general  or  distin- 
guishing label,  and  that  the  general  or  distinguishing  label  shall  he  that  principal 
and  conspicuous  sign  under  which  it  is  sold. 

Sec.  2.   Penalty.  Whoever  shall  do  any  of  the  acts  or  things  prohibited,  or  neglect 

or  refuse  to  do  any  of  the  acts  or  things   required   by  this  act,  or  in  any  way  violate 

any  of  the  provisions,  shall  he  deemed  guilty  of  a  misdemeanor,  and  shall  he  pun- 
ished by  a  tine  not  less  than  twenty-live  dollars  nor  more  than  one  hundred  dollars, 
or  by  imprisonment  in  the  COUnty jail  for  a  period  of  not  less  than  thirty  nor  more 
than    ninety   days,  or   by  both    SUCh    tine  and  imprisonment  in  the  discretion  of  the 

com  t 
Thifi  aet  is  ordered  to  take  immediate  effect. 

Approved  Ma>  L5,  L903.     Public  Acts  L903,  Act  No.  L23,  p.  L46. 

VINEGAR. 

5008.    il)    Pure   vinegar  defined.      No    person   shall    manufacture   for  yi\U\   offer  or 

ee  tor  -ale,  sell  or  deliver,  or  have  in  his  possession  with  intent  to  sell  or  deliver, 
any  \ inegar  not  in  compliance  with  the  provisions  of  this  net.     \<»  \ inegar  shall  be 

Bold  ;i-  appl  ',  orchard  or  rider  vinegar,  which  is  not    the  legitimate  product  of  pure 

apple  juice,  known  ;i-  apple  cider  or-  vinegar,  not  made  exclusively  of  said  apple 
cider  or  vinegar  into  which  foreign  substance,  drugs  or  adds  have  been  introduced, 

o See  also  General  Pood  haw  14,  p.  276. 


MICHIGAN.  305 

as  may  appear  upon  proper  test,  and  upon  said  test,  -hall  contain  not  less  than  one 
and  three-fourths  percent,  by  weight,  of  cider  vinegar  solids  upon  full  evaporation 
at  the  temperature  of  boiling  water. 

5004.  (2)  "Fermented"  or  " dutUied"  vinegar  to  be  so  branded;  standard  for  fer- 
mented vinegar.  All  vinegar  made  by  fermentation  and  oxidation  without  the  inter- 
vention of  distillation  shall  be  branded  "fermented  vinegar,"  with  the  name  of  the 
fruit  or  substance  from  which  the  same  is  made.  And  all  vinegar  made  wholly  or 
in  part  from  distilled  liquor,  shall  be  branded  "distilled  vinegar,'"  and  all  of  sueh 
distilled  vinegar  shall  be  free  from  coloring  matter  added  during  or  after  distillation 
and  from  color  other  than  that  imparted  to  it  by  distillation.  And  all  fermented 
vinegar  not  distilled  shall  contain  not  less  than  one  and  three-fourths  per  cent,  by 
weight,  upon  full  evaporation  (at  the  temperature  of  boiling  water)  of  solids  con- 
tained in  the  fruit  or  grain  from  which  said  vinegar  is  fermented,  and  said  vinegar 
shall  contain  not  less  than  two  and  a  half  tenths  of  one  percent  ash  or  mineral 
matter,  the  same  being  the  product  of  the  material  from  which  said  vinegar  is  manu- 
factured. And  all  vinegar  shall  be  made  wholly  from  the  fruit  or  <_rrain  from  which 
it  purports  to  be  or  is  represented  to  be  made,  and  shall  contain  no  foreign  substance, 
and  shall  contain  not  less  than  four  per  cent,  by  weight,  of  absolute  acetic  acid. 

500j>.  (3)  Injurious  vinegar  prohibited;  branding.  No  person  shall  manufacture 
for  sale,  offer  for  sale,  or  have  in  his  possession  with  intent  to  sell,  any  vinegar  found 
upon  proper  test  to  contain  any  preparation  of  lead,  copper,  sulphuric  or  other 
mineral  acid,  or  other  ingredients  injurious  to  health.  And  all  packages  containing 
vinegar  shall  be  marked,  stenciled  or  branded  on  the  head  of  the  ca^k,  barrel  or  keg 
containing  such  vinegar  with  the  name  and  residence  of  the  manufacturer,  together 
with  brand  required  in  section  two  hereof. 

500(>.  (4)  Penalty.  Whoever  violates  any  of  the  provisions  of  this  ad  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars, 
or  imprisoned  in  the  county  jail  not  to  exceed  ninety  days  and  the  costs  of  prosecu- 
tion, or  by  both  such  line  and  imprisonment  in  the  discretion  of  the  court. 

A]. prosed.  April  16,  L897.    Compiled  Laws  L807,  vol.  2,  p.  L683. 
DIGEST    \\h  RULINGS 

Baking  Powders. — AD  packages  containing  nine  must  bear  name  and  addn 

the   manufacturer.      Can    be  Bold    without    formula,    but    if   labeled   cream  of  tartar, 

phosphate  powder,  etc.,  must  be  true  to  Dame. 
Buckwhbai   Flour.— If  labeled  "Buckwheat  Flour"  must  be  true  to  name.    Oan 

Im'  mixed  with  substances  not  injurious  to  health  if  labeled.  H  Buckwheat  Flour  Com- 
pound," "Buckwheat  Flour  Substitute,"  or  "  Adulterated  Buckwheat  Flour,"  in 
letter-  not  less  than  one  inch  in  length,  followed  by  the  name  and  address  of  the 
maker,  buckwheat  Flour  containing  no  other  ingredients  but  for  leavening  and 
Beaconing  purposes  may  be  sold  if  labeled,  "Selfrising  Buckwheat  Flour." 

Bi  i  in:.  Mii-i  be  made  exclusively  of  milk  or  cream.  May  be  colored  with  color- 
ing matter  not  injurious  to  health.  Butter  factories  where  milk  or  cream  is  pur- 
chased of  or  contributed  by  three  or  more  persons  must  register  w  ith  the  Department 

on  or  before  April  1  of  each  \ car. 

Process  butter  must  be  labeled  as  such.    See  ruling  under  head  of  Process  Butter. 

Candy.     Musi  not  contain  terra  alba,  barytes,  talc,  or  other  earthy  or  mim-r.il 

substances,  or  any  poisonous  colors  or  flavors,  or  ingredients  detrimental  to  health. 

H  P.       Ul    packages  containing  same   must    bear  the   name  and   add  re— of  the 

manufacturer.     Must  contain  no  ingredients  injurious  t"  health. 

Ciiii-i.  Must  be  made  exclusively  . >\  milk  or  cream.  Only  cheese  made  from 
milk  from  which  DO  cream  ha-  been  taken  can  be  Bold  a-  Or  branded,  "  Full  ( "ream 
Cheese,"  or  "  Full    Milk  Cheese."      Cheese   factories   w  here    milk    or   cream    i>  pur- 


306  FOODS  AND  FOOD  CONTROL. 

chased  of  or  contributed  by  three  or  more  persons  must  register  with  the  Department 
on  or  l>ef ore  April  1,  of  each  year.  Authorized  brands  bearing  the  words,  "Michi- 
gan Full  Cream  Cheese,"  may  be  obtained  from  the  Department  upon  payment  of 

fee  of  one  dollar. 

Coffee. — If  gold  as  such  must  be  true  to  name.  .May  be  mixed  with  chicory,  or 
other  substances  not  injurious  to  health,  if  marked  or  labeled  "Coffee  Compound," 
together  with  the  name  and  address  of  the  manufacturer  or  compounder,  and  have 
no  other  label  of  whatever  name  or  designation.  This  applies  to  all  packages  con- 
taining such  coffee  whether  put  up  for  immediate  delivery  or  for  stock  purposes. 

Coffee  Substitute. — Mixtures  of  cereals  or  other  articles  sold  as  substitute  for  cof- 
fee, must  be  sold  as  a  mixture  or  compound  under  an  original  or  coin  name  and  not 
under  the  name  of  any  ingredient  contained  therein.  All  packages  containing  same 
must  bear  the  name  and  address  of  the  manufacturer  or  compounder  thereof. 

Chocolates  and  Cocoas. — If  containing  no  other  substances  than  cocoa  mass, 
sugar  and  flavoring  will  not  be  classed  as  a  compound  or  mixture. 

Canned  Coons. —  Must  bear  name  and  address  of  packer.  If  dried  before  canning 
must  be  labeled,  'Soaked  or  Bleached  ( k»  ,,U,  "  in  letters  not  less  than  two  line  pica 
in  size.     The  sale  of  peas  or  other  vegetables  greened  with  copper  is  prohibited. 

Cream  of  Tartar. — Must  be  pure  and  true  to  name.  Cannot  be  mixed  or  com- 
pounded with  any  other  article  and  sold  under  the  name  of  any  ingredient  thereof, 
even  though  it  be  labeled  mixture  or  compound. 

Extracts,  Flavoring. — Bottles  or  packages  containing  extracts  must  bear  the 
name  and  address  of  the  manufacturer.  Vanilla  flavoring  must  be  without  artificial 
color.     This  includes  all  extracts  of  vanilla  or  tonka,  whether  mixed  or  simple. 

Extract-  <>f  vanilla  and  tonka  may  be  mixed  and  sold  as  "Extract  of  Vanilla  and 
Tonka,"  or  simply  "Extract  of  Tonka."  The  labeling  of  an  extract  of  vanilla  and 
tonka  as  "Extract  of  Vanilla,"  or  "Compound  Extract  of  Vanilla,"  with  the  per 
cent  of  each  ingredient  contained  therein,  is  not  proper,  and  will  be  considered  an 
adulteration.  It  must  he  understood  that  when  an  extiact  of  vanilla  and  tonka  is 
labeled  with  both  names,  the  type  used  is  to  be  similar  in  style  and  size,  and  that  one 
name  is  not  to  be  given  greater  prominence  than  another. 

Faeinaceous  Goods. — Must  be  true  to  name.  Barley,  Hominy, Cracked  or  Rolled 
Wheat  or  Oats,  Tapioca,  and  like  articles,  must  be  pure  and  unadulterated.  If 
mixed  or  compounded  with  other  articles,  must  be  sold  as  a  mixture  or  compound, 
under  an  original  or  coin  name,  and  not  under  the  uameof  any  ingredient  contained 
therein.  All  packages  containing  mixtures  or  compounds  of  this  kind  must  bear  the 
name  and  address  of  the  manufacturer  or  compounder  thereof. 

Honey. — Honey  must  be  pure.    Cannot  be  mixed  with  glucose  or  other  substances 

and  Bold  as  "  I  b-ney  ( !<  impound." 

Jelly.— Imitation  fruit  jellies,  butter  or  other  similar  compounds  made  or  com- 
posed in  whole  or  in  part  of  glucose,  dextrine,  Btarch  or  other  Bubstancee  can  be 
sold  if  uncolored,  are  not  injurious,  and  art'  distinctly  and  durably  labeled  "  Imita- 
tion Fruit  Jelly  or  Butter,"  with  the  name  and  location  of  manufacturer,  and  have 

no  other  label  of  whatever  name. 

Laed.— Imitation  lard  In  manufacturers'  package  must  be  distinctly  branded  or 
labeled  either  ''Lard  Compound,"  "Adulterated  Lard,"  or  "Lard  Substitute,"  In 
letters  not  less  than  one  inch  in  length,  and  shall  be  followed  with  the  name  of  the 
maker  and  factory,  and  the  location  of  such  factory.     If  kept  or  sold  in  other  than 

manufacturer-'  package,  the  name  of  maker  or  factory  is  nol  necessary,  but  each  and 

every  package  must  be  distinctly  labeled  "  Lard  Compound,"  '-Adulterated  Lard," 
or  '  Lard  Substitute,"  printed  in  letters  not  less  than  one-half  inch  In  length.  This 
also  applies  to  smaller  quantities  \\  hen  put  up  for  Immediate  delivery. 

LlQUOBS. — Spirituous,  fermented,  or  malt  Liquors  must  not  contain  drugs  or  poisons 

or  ingredients  deleterious  or  unhealthy.    Persons  engaged  in  manufacturing,  rectify- 


MICHIGAN.  307 

Lug  or  preparing  same  in  any  way  most  brand  on  each  barrel,  cask,  or  vessel  contain- 
ing the  siinc,  the  name  of  the  person,  firm  or  corporation  manufacturing,  rectifying 
or  preparing  the  same,  and  also  the  words,  "Pure  and  Without  Drugs  or  Poison." 
No  person  .-hall  sell  at  wholesale  or  retail  any  such  liquors  from  any  barrel,  cask  or 
.  unless  the  same  shall  have  been  branded  and  marked  as  aforesaid. 

Maple  Sugar  and  Maple  Syrup. — Musi  be  pure  and  true  to  name.  Cannot  be 
mixed  with  other  sugar  or  syrup  and  sold  as  "  Maple  Sugar  ( Compound  "  <»r  "  Maple 
Syrup  Compound." 

.Milk.— Must  contain  not  less  than  3  per  cent  fat  and  12',  per  cent  solids.  Milk 
from  which  cream  has  been  removed  must  be  labeled  and  sold  as  ••Skim  Milk." 
The  Bale  of  milk  which  is  impure,  unwholesome  or  adulterated,  or  from  cows  which 
are  diseased,  or  fed  upon  the  refuse  of  a  distillery  or  brewery,  or  upon  any  substance 
deleterious  to  the  quality  of  the  milk,  such  as  garbage,  swill,  or  any  substance  in  a 
state  of  fermentation  or  putrefaction,  or  from  cows  kept  in  connection  with  a  family 
in  which  there  is  infectious  disease,  is  prohibited.  The  addition  of  coloring  matter 
or  preservatives  to  milk  is  prohibited. 

Molasses. — Must  be  branded  with  its  true  and  appropriate  name  and  must  be  true 

to  same.      (  Sec  Syrup.) 

Oleomargarine. — All  compounds  of  animal  or  vegetable  fats  made  in  imitation  or 
semblance  of  butter,  or  calculated  to  be  used  a- or  for  butter,  must  be  known  and 
designated  ae  "  Oleomargarine 

The  use  of  the  name  of  any  breed  of  dairy  cattle,  or  the  ase  of  any  words  or 
symbols  commonly  used  in  the  sale  of  butter,  is  forbidden  in  tin- sale,  exposure  for 
sale  or  advertisement  of  any  oleomargarine. 

Proprietors  of  any  place  where  oleomargarine  is  sold  or  furnished  must  have  con- 
spicuously placed  '>n  the  walls  of  the  room  where  the  same  is  sold  or  furnished,  a 
white  placard  containing  the  words  "  <  Oleomargarine  Sold  or  1  Ised  1  lere"  printed  in 
black  ink  in  plain  Roman  letters  not  less  than  three  inches  in  Length  or  less  than 
two  inches  in  width.  This  applies  to  hotel,  restaurant  and  boarding  housekeepers 
w  hen-  oleomargarine  is  served* 

All  packages  containing  oleomargarine  must  be  branded  as  such  in  ordinary  bold- 
faced capita]  letters  not  less  than  five  line  pica  in  Bize,  together  with  the  name  and 
address  of  the  manufacturer  and  the  name  of  each  and  every  article  or  ingredient 
used  or  entering  into  it-  composition  in  ordinary  bold-faced  letter-  not  Less  than  pica 
in  si/..-. 

I  dealers  must  notify  purchasers  at  the  time  of  Belling  oleomargarine  by  verbal  notice 
that  the  same  i-  a  substitute  tor  butter,  and  must  nisi)  deliver  to  the  purchaser  a  sep- 
arate and  distinct  label  on  which  shall  be  printed  in  black  ink  in  ordinary  bold  faced 
capita]  letter-,  not  less  than  five  line  pica  in  size,  the  i  ord  "t  Oleomargarine,"  together 
with  the  name  and  address  of  the  manufacturer  and  the  name  of  each  article  used 
and  entering  Into  its  composition  in  ordinary  bold-faced  letters  not  less  than  pica  in 

-i/.e. 

<  Oleomargarine  must  not  be  in  imitation  of  yellow  butter. 

I'\n<  \ki.  Flours.  It  containing  more  than  one  article  must  be  sold  as  a  mixture 
or  compound  under  an  original  or  coin  name,  and  not  under  the  name  of  any  ingre- 
dient eon  tai  ned  therein.     Packages  containing  same  must  bear  the  name  and  address 

of  the  manufacturer  or  compounder. 

I'i  ppi  i;.     All  black  pepper  shall  contain  not  more  than  -i\  and  one-half  pei  cent 

ash  or  mineral  matter,  and  shall  contain  not  less  than  t\\cut\-li\e  per  cent  -tanh  as 
determined  by  the  oba-ta-c  n  let  ho,  I;  and  Bhall  contain  not  less  than  -i\ -tenth-  of  one 
per  cent  nor  mors  than  one  and  thtee-ioiirt h-  per  cent  of  volatile  ether  ext.art ;  and 
shall  contain  Dot  more  than  ten  percent  nor  less  than  -i  \  and  one-half  per  cent  of 
non-volatile  ether  extract ;  and  shall  contain  QOt  more  than  sixteen  per  cent  of  erude 

fiber. 


308  FOODS    AND    FOOD    CONTROL. 

Pbepabbd  Mustard. — Pure  mustard  mixed  with  vinegar  and  spices  may  be  sold  if 
labeled  "Prepared  Mustard"  and  bear  the  name  and  address  of  the  manufacturer, 
but  if  any  substance  or  substances  are  added  to  cheapen  it,  such  as  flour,  etc..  it  will 
be  deemed  adulterated.  The  label  proper  must  contain  the  words  "Prepared  Mus- 
tard," and  have  no  other  designation  than  herein  required.  Printed  matter  descrip- 
tive of  the  goods  will  be  allowed  upon  the  label  below  the  words  "Prepared  Mustard," 
or  below  the  name  and  address  of  the  manufacturer,  but  no  printed  matter  of  any 
description  will  be  allowed  above  the  name  "Prepared  Mustard." 

Process  Bitter. — All  packages  containing  same  sold,  offered  or  exposed  for  sale, 
or  in  possession  with  intent  to  sell,  must  be  labeled  "Process  Butter." 

Packages  put  up  for  immediate  delivery  must  be  covered  by  wrappers  on  which 
must  be  printed  in  conspicuous  letters  the  words  "Process  Butter." 

If  packed  in  tubs  or  other  receptacle  the  words  "Process  Butter"  must  be  printed 
in  one-inch  letters  on  the  top  and  two  sides  of  the  same. 

If  uncovered  and  not  contained  in  a  tub  or  receptacle  a  placard  containing  the 
words  "Process  Butter"  must  be  attached  to  the  mass,  in  a  manner  making  them 
plain  and  prominent. 

Syrups. — Each  barrel,  cask,  can,  keg  or  pail  containing  molasses,  syrup  or  glucose 
shall  he  distinctly  branded  or  labeled  with  the  true  and  appropriate  name  of  such 
article.  Packages  containing  molasses  or  syrup  mixed  with  glucose  shall  be  branded 
or  labeled  "Glucose  Mixture"  and  the  per  cent  in  which  glucose  enters  into  its 
composition.  All  brands  or  labels  shall  be  in  letters  of  not  less  than  one-half  inch 
in  length  and  shall  he  in  a  conspicuous  place.  Glucose  and  glucose  mixtures  shall 
have  no  other  designation  than  herein  required.  Glucose  mixtures  must  bear  the 
name  and  address  of  the  manufacturer. 

SPICES. — Must  be  pure  and  true  to  name.  Cannot  be  mixed  or  compounded  with 
any  other  article  and  sold  under  the  name  of  any  ingredient  thereof,  even  though 
the  package  be  labeled  mixture  or  compound. 

VlNEGABS. — All  packages  containing  vinegar  must  be  branded  with  the  name  and 
address  of  the  manufacturer.  All  vinegars  must  contain  oot  less  than  four  per  cent 
by  weight  of  absolute  acetic  acid  and  must  not  contain  any  preparation  of  lead,  cop- 
per, sulphuric  acid,  or  ingredient  injurious  to  health.  All  vinegars  made  by  fermen- 
tation and  oxidation  must  be  branded  "fermented  vinegar,"  with  the  name  of  the 
fruit  or  substance  from  which  the  same  is  made,  musl  be  five  from  foreign  substance 
and  must  contain  not  less  than  one  and  three-fourths  per  cent  by  weighl  of  solids 
contained  in  the  fruit  or  grain  from  which  said  vinegar  is  fermented,  and  not  less 
than  tWO  and  a  half  tenths  of  one  pel-  cent  ash  or  mineral  matter,  the  same  being  the 
product  of  the  material  from  which  said  vinegar  is  manufactured.  All  vinegars 
made  wholly  01  in  part  from  distilled  liquor  must  be  branded  "distilled  vinegar," 
and  musl  be  iv^-r  from  artificial  coloring  matter.  Only  .vinegar  made  from  pure 
apple  juice,  free  from  foreign  substances,  drugs,  or  acids,  and  containing  not  less 
than  one  and  three-fouithfl  per  cent  by  weight  of  cider  vinegar  solids,  can  be  Bold  as 

apple,  on-hard  or  cider  \  Lnegar. 


MINNESOTA. 

The  State  dairy  and  food  department  is  charged  with  the  enforce- 
ment of  the  food  laws.  The  dairy  and  food  commissioner,  E.  K. 
Slater,  writes  as  follows  in  regard  to  the  efficiency  of  the  laws: 

The  efficiency  of  the  Minnesota  food  lawn  is  well  established.  The  new  code  of 
laws  which  taken  effect  .March  1,  1906,  is  a  codification  of  all  existing  laws,  ami  I 
anticipate  that  they  will  he  very  effective  *  *  *  Under  the  present  liquor  law 
considerable  improvement  has  been  brought  about  in  the  quality  of  the  goods  sold 
in  this  State,  hut  the  law  needs  further  strengthening.  It  simply  provides  for  the 
prohibition  of  certain  poisonous  or  injurious  ingredients  and  no  standard  has  been 

provided  for  quality.     With  the  exception  of  the  liquor  law  I  feel  that  tin-  pun-  f 1 

laws  of  this  State  are  very  effective. 

The  following  compilation  has  been  furnished  by  the  Minnesota 
dairy  and  food  department,  haying  been  issued  by  that  department  in 
advance  of  the  revised  code  for  1905,  now  in  preparation.4  The  status 
of  this  compilation,  as  reported  by  the  department,  is  that  these  laws 
were  approved  April  18,  1905,  to  take  effect  March  1.  L906,  and  the 
revised  code  in  which  they  will  he  found  is  now  in  press. 

GENERAL  POOD  LAWS. 

8»  .  1.   Dairy  awl  food  commissioner.     The  governor  shall  appoint  a  Hairy  and 
Commissioner  whose  term  of  office  shall  extend  to  the  first   Monday  in  .January  of 
the  odd  numbered  year  next  alter  his  appointment  and  until  his  successor  qualifies; 
but  the  governor  may  supercede  Buch  commissioner  at  pleasure.     He  shall  cause  to 
i»e  enforced  all  the  provisions  of  this  chapter  and  all  other  laws  designed  to  prevent 

fraud  and  deception  in  the  manufacture  and  sale  of   human    food  and   drink  and  the 

several  ingredients  thereof,  and  shall  have  authority  to  take  all  proper  educational 
measures  t.>  foster  and  promote  the  manufacture  and  sale  of  pure  food  products.    All 

appointees  hereunder  -hall  he  qualified  electors  of  this  Btate.    The  ^ aissioner 

shall  be  a  practical  dairyman;  the  assistant  commissioner,  chemists,  inspectors  and 

all  BgentB  and  other  persons  appointed    by  the  commissioner  shall    be  practical    men 

and  especially  trained  and  equipped  for  their  particular  lines  of  work.  He -hall 
report  on  or  before  the  fifteenth  day  of  each  session  of  the  legislature  concerning  his 
official  acts  showing  receipts  and  disbursements  of  his  office,  and  ma}  issue  public 
bulletins  of  information  from  time  to  time. 

Sb  .  -  Salaries  and  expenses.  He -hall  receives  salary  of  |2,000  p  r  annum  and 
shall  be  allowed  the  expenses  necessarily  incurred  by  him  in  the  d  of  Ins 

duties,     lie  may  appoint  an  assistant  commissioner  at  a  Balarj  -i  $1 ,600  per  annum; 

star)  at  a  salary  of  $1,200  per  annum;  one  chief  chemist  at  a  -alar 
per  annum;  and  when  needed  an  assistant  chemist  or  chemists,  each  ::t  a  -alary  not 


"The  Linseed  oil  law  and  paint  law  have  been  omitted— not  coming  within  the 

-Cope  of   thl-    lepot  !. 

I 


310  FOODS  AND  FOOD  CONTROL. 

to  exceed  $lflO  per  month;  and  such  number  of  inspectors  as  may  be  necessary 
at  not  to  exceed  one  hundred  dollars  ]>er  month.  The  expenses  necessarily  incurred 
by  such  subordinates  shall  be  allowed  and  paid  in  addition  to  salary.  He  may 
employ  necessary  Legal  counsel.  The  expenses  properly  incurred  by  him  and  his 
appointees  shall  be  paid  by  warrant  of  the  state  auditor  upon  itemized  accounts 
thereof  approved  by  him  or  his  assistant.  The  total  expenses  of  the  office,  includ- 
ing salaries  and  compensation  of  all  employes,  shall  not  exceed  in  any  fiscal  year  the 
appropriation  made  therefor  plus  the  amount  allowed  by  law  to  the  commissioner 
tor  moneys  received  from  licenses,  tines  and  articles  confiscated  and  sold  under  this 
chapter. 

9  c.  3.  Right  of  inspection.  For  obtaining  information  regarding  suspected  viola- 
tions of  law.  the  commissioner  and  his  employes  shall  have  access  to  all  places  where 
any  article  of  food  or  other  article,  the  manufacture  or  sale  of  which  is  restricted. 
regulated  or  prohibited  by  this  chapter,  is  or  may  be  manufactured,  prepared,  stored, 
kept  for  sale  or  sold,  or  where  cows  or  other  animals  are  pastured  or  stabled;  to  cars 
or  other  carriages  used  for  transportation  of  such  articles  or  animals  and  to  places 
where  food  is  or  may  be  cooked,  prepared,  sold  or  kept  for  sale  to  or  for  the  public 
or  distributed  as  a  part  of  the  compensation  of  servants  and  agents,  including  public 
and  private  hospitals,  lumber  and  railroad  camps,  inns,  boarding  and  eating  houses, 
drinking  places,  dining  cars,  boats  and  other  places  where  any  of  said  articles  may 
be  sold  and  they  may  inspect  any  package  or  receptacle  found  therein  apparently 
containing  any  article  of  food  or  ingredient  thereof,  or  any  other  article  the  manu- 
facture, or  -ale  of  which  is  restricted,  regulated  or  forbidden  by  this  chapter,  and 
may  take  samples  therefrom  for  analysis.  Any  person  obstructing  such  entry  or 
inspection,  or  failing  upon  request  to  assist  therein,  shall  be  guilty  of  a  misdemeanor. 

8bc.  4.  Office;  reports.  Rooms  shall  be  provided  in  the  capitol  for  the  office  and 
laboratory  of  the  commissioner.  He  may  require  reports  from  persons  engaged  in 
the  manufacture  or  sale  of  dairy  products,  and  all  owners  or  operators  of  creameries 
and  cheese  factories  shall  on  the  first  day  of  .March  in  each  year,  and  at  such  other 
times  as  he  may  fix.  send  to  him  a  full  and  accurate  report  of  the  amount  of  business 
done  during  the  year  preceding,  together  with  such  other  statistical  information  as 
he  may  require. 

8»  .  •").  Definitions;  evidenct  of  intent.  The  word  "  person  "  as  used  in  this  chapter, 
shall  be  construed  as  Including  a  copartnership,  association,  or  corporation,  and  no 
person  who  shall  commit  or  assist  in  committing  any  offense  herein  defined  shall  be 
exempt  from  punishment  therefor  for  the  reason  that  he  acted  as  the  agent,  employe 
or  representative  of  another.    The  words  "sell"  and  "sale,"  as  used  herein  shall  be 

construed  as  including  the  offering  or  exposing  for  Sale  or  exchange  of  the  prohibited 
article,  the  having  of  any  such  article  in  possession  with  intent  to  sell  or  exchange 
the  same,  and  the  storing,  carrying,  or  handling  thereof  in  aid  of  traffic  therein. 
whether  done  or  permitted  in  person  or  through  others.  The  term  "  food  "  shall  be 
construed  as  including  all  articles  angle,  mixed  or  compound  and  howsoever  pre- 
pared which  are  used,  or  designed  or  offered  for  use  bj  man.  [or,  or  in  food,  drink 
or  condiment.  The  having  in  possession  of  any  article,  the  sale  or  use  of  which  is 
prohibited  by  this  chapter  shall  be  deemed  prima  facie  evidence  of  intent  to  sell  or 
use  !  he  Bame  in  \  iolation  of  law . 

Revised  Code,  L906,  eh.  21  (in  preparation). 

8bc.  I .  Right  of  inspection  and  analysis.  For  the  proper  enforcement  of  the  laws  of 
this  Btate,  already  or  hereafter  enacted,  which  may  be  designed  to  prevent,  regulate 
or  punish  the  sale  or  useof  commodities  for  human  consumption  which  are  delete- 
rious to  health  and  not  true  in  name,  the  dair\  and  food  commissioner,  by  hiin- 
Belf,  or  employes  Of  his  department  in  addition  to  having  the  authority  and  powers 
otherw  1S6  conferred  by  law   is  authorized  and  empowered  to  ha\e  and  take  access  to 


MINNESOTA.  311 

any  and  all  railroad  care  of  every  sort  or  nature  transported  or  being  within  this 
state,  all  railroad  statioi  warehouses  or  express  offices,  <»r  other 

places  wherein  there  may  at  any  time  be  commodities  shipped  within  this  stat»-  from 
without  designed  for  human  consumption  whether  Buch  commodities  have  been  sold 
or  jdven  away  without  the  state,  provided  such  sale  or  gift  was  or  is  with  the  intent 
that  such  commodities  be  delivered,  had  or  used  within  the  state,  and  the  dairy  and 
food  commissioner  by  himself  or  the  employee  of  his  department  shall  have  the  same 
power  and  authority  to  open  any  package,  can  or  vessel,  so  shipped  within  this  state 
from  without,  which  contains  or  which  he  has  reason  to  believe  contains  any  such 
commodity  to  inspect  the  contents  thereof  and  to  take  samples  therefrom  for  analysis, 
all  after  the  same  manner  and  with  the  same  procedure  as  obtains  by  law  in  reference 
to  similar  commodities  manufactured,  sold  or  exposed  f<  >r  sale  within  the  state.  If  it 
shall  appear  that  any  such  commodity  or  commodities  so  shipped  within  this  Btate 
from  without  i-  of  a  character  or  composition,  the  manufacture,  sale  or  exposi 
Bale  of  which  within  the  state  is  forbidden  by  any  laws  then  in  force  as  deleterious  to 
health  and  not  true  in  name,  the  dairy  and  food  commissioner  shall  have  the  same 
rights  and  remedies,  and  shall  enforce  >uch  rights  and  remedies  against  such  com- 
modity or  commodities  in  tin-  same  manner  as  in  tie  similar  commodities 
when  manufactured,  sold  or  exposed  for  sale  within  the  state.  <  hi  receiving  notice 
from  the  commissioner,  or  any  authorized  employe  of  his  department  that  hed 
to  inspect  the  contents  of  any  such  package,  can  or  vessel,  containing,  a>  he  believes, 
any  such  commodity,  it  Bball  be  the  duty  of  any  common  carrier,  or  wart-houseman 
or  their  employes,  or  other  person  having  the  Bame  in  his  possession,  or  under  his 
control  to  withhold  the  same  from  delivery  within  this  state  such  time  as  maybe 
reasonably  accessary  for  the  inspection  and  analysis  thereof,  it  is  further  made  the 
duty  of  all  common  carriers  and  warehousemen  and  employee  thereof  to  render  the 
commissioner  and  his  employee  all  the  assistance  in  their  power  when  so  required 
to  effectuate  the  purpose  of  this  act.  In  case  such  inspection  or  analysis  of  any  such 
commodity  shall  disclose  therein  ingredients  deleterious  to  health  and  not  true  in 
name,  as  defined  by  any  law  of  this  state,  such  common  carrier  or  warehousemen, 
or  employes  thereof,  shall  on  demand  disclose  to  the  commissioner  the  names  and 
addressee  of  the  consignor  and  consignee  of  the  package,  can  i  i  --  containing 
one  and  the  commissioner  Bhall,  before  proceeding  further,  as  against  such 
commodity,  notify  such  consignor  <.r  consignee  in  writing  at  their  respective 
address;  suits  of  such  inspection  and  analysis.  Any  failure 
on  the  part  of  any  common  carrier,  warehouseman,  storage  man.  or  employe  th< 
to  do  or  observe  the  provisions  hereof  shall  be  a  mi-demeanor. 

"_'.    Effect.     This  act  -hall  take  effect  and  be  in  force  from  and  alter  its  pa 

and  approval. 
Approved  April  12,  L905.     General  Law-  L905,  ch.  168,  pp.  192  193. 

7     idulttroHon  •>,•  imitation  of  foods  forbidden;  penalty.  rson  who, 

with  intent  that  tie-  Bame  may  be  sold  a-  unadulterated  or  undiluted,  shall  adulterate 
or  dilute  wine,  milk,  distilled  spirits,  or  malt  liquors,  or  any  drm:.  medicine,  food,  or 
drink  for  man  orbeast;  or  -hall  offer  for  sale  or  sell  the  same  as  unadulterated  or 
undiluted,  or  without  disclosing  to  or  informing  the  purchaser  that  the  -an  . 
been  adulterated  or  diluted;  or  -hall  manufacture,  sell,  exj  ale,  as 

such  article  of  f I  or  drink,  any  substance  in  imitation  thereof,  without 

the  imitation  by  a  suitable  and    plainly  visibly  mark  or  brand,  or  with    intent    that 
the  -;ime  may  !>■•  used  ;i-  food,  drink,  or  medicine,  shall  sell,  offer  or  expose  foi 
any  article  whatsoever  which  to  his  knowledge  I  iled,  tainted,  or  for 

any  cause  umit  to  i.,-  aged  a-  food,  drink,  <»r  medicine,  whei  provision  has 

not  otherwise  been  made  by  statute  for  it-  punishment,  .-hall  be  guilty  of  a  n 
meanor,  and  punished  bj  a  line  oi  not  leas  than  125,  or  by  imprisonment  in  the 


312  FOODS  AND  FOOD  CONTROL. 

county  jail  for  not  less  than  30  days.— Statutes  1894,  sees.  6625,  66f6t  6641;   Laws  of 

1901,  <-h.  in. 

37.  Gfi  neral  tests  for  adutieration.     Any  article,  designed  or  offered  for  Bale  or 

use  as  food,  which  is  not  expressly  included  within  the  terms  of  any  other  section  of 
this  chapter,  shall  for  the  purposes  herein,  be  subjected  to  the  tests  for  adulteration 
prescribed  for  spices  and  condiments  in  section  twenty-nine  of  this  chapter; <>  and  if 
such  article  or  preparation  be  adulterated  as  therein  defined;  it  shall  be  unlawful  to 
sell  the  same. 

38.  Injurious  or  tainted  foods  prohibited.  The  manufacture  or  sale  of  any  article, 
designed  or  offered  for  sale  or  use  as  food,  is  prohibited,  if  it  contain  or  is  mixed 
with,  or  by  use  of  any  substance  or  preparation  the  manufacture  or  sale  of  which  is 
specifically  prohibited  by  any  section  of  this  chapter;  or  if  it  be  in  itself  injurious,  or 
if  it  contain  any  ingredient  injurious  to  health;  or  if  it  consist  in  whole  or  in  part  of 
a  filthy  or  decomposed  substance,  or  of  any  portion  of  any  animal  unfit  for  food,  or 
of  the  product  of  a  diseased  animal,  or  one  that  has  died  otherwise  than  by  slaughter. 
And  it  shall  be  unlawful  to  add  or  apply  to  any  article  designed  for  sale  or  use  as 
food,  any  preservative  which  conceals  or  tends  to  conceal  the  taste,  odor,  or  other 
evidence  of  putrefaction,  taint  or  tilth  existing  in  such  article,  or  which  conceals  or 
tends  to  conceal,  inferiority  in  any  form. 

41.  Misbranding.  Any  person  who  either  fails  to  affix  or  display  any  brand, 
marking,  label,  card  or  placard  in  the  manner  and  form  required  by  any  section  of 
this  chapter,  or  who  fails  to  fully  or  truthfully  state  thereon  all  things  as  in  such  Bec- 
tion  required,  or  who  places  thereon  anything  other  than  the  specific  data  or  infor- 
mation therein  called  for;  any  person  who  shall  remove,  erase,  efface,  obscure  or 
obliterate  any  such  mark,  brand,  label,  card  or  placard  so  required  by  law ,  and  any 
person  w  ho  shall  place  upon  any  article  designed  or  offered  for  sale,  or  use  as  food, 
«>r  any  article  mentioned  in  this  chapter,  or  upon  any  receptacle  or  package  contain- 
ing the  BBine,  anything  which  might  deceive  or  tend  to  deceive  the  purchaser,  as  to 
the  substance  from  which  such  article  is  made  or  which  it  contains,  or  in  respect  to 
it.-  quality,  strength  or  quantity,  or  in  respect  to  thesource  of  its  manufacture  or  pro- 
duction, or  which  conflicts  with,  confuses  or  conceals  any  data  or  information 
required  by  this  chapter  to  be  set  forth  by  the  aforesaid  mark,  brand,  label,  card  or 
placard,  shall  be  deemed  guilty  of  a  misdemeanor,  which  shall  be  known  as  mis- 
branding; and  the  article  concerning,  or  upon  which  such  misbranding  is  done,  shall 
he  deemed!  a  misbranded  article. 

-i.'  .  VI.  Penalties;  evidence.  Tne  having  in  possession  of  any  article  which  is  mis- 
branded, within  the  meaning  of  the  preceding  section,  shall  be  deemed  prima  facie 
evidence  that  the  same  is  kept  in  violation  of  the  law.  Every  violation  of  any  pro- 
vision of  this  chapter  shall  be  deemed  a  misdemeanor  and  wherever  the  minimum 
punishment  is  not  hereinbefore  expressly  prescribed,  such  minimum  shall  be  a  tine 
of  do!  less  than  fifteen  I  L5  dollars,  or  not  less  than  twenty  I  20  I  days  imprisonment. 
In   all    criminal    prosecutions    under   this  chapter   the  doing  of   any  act    prohibited 

thereby  or  the  failure  to  do  any  a«t  commanded,  shall  be  prima  facie  evidence  of  an 

intent  to  violate  the  law  ;  and    in  any  such  prosecution  the  certificate  of  the  COmmis- 

sioner's  chemist    making   the  analysis  when  sworn   to   by  him,  shall   be  prima   facie 

evidence  of  the  facts  therein  stated;  ami  wherever  in  this  chapter  the  manufacture 
or  -ale  of  any  article  or  p  re  pa  rat  ion  i<  forbidden  by  the  use  of  the  word  "prohibited 
compliance  with  any  labeling,  marking  or  placarding  requirement  hereof,  shall  not 

be  construed  as  making  such  manufacture  or  sale  law  ful. 

8bc.  i'..   s  earch  warrants.    The  commissioner  shall  seize  all  goods,  the  sale 

of  w  inch  i-  prohibited  by  this  chapter,  or  w  hicb  are  kept  or  offered  for  sale  in  \  io- 
lation  of  any  provision  hereof,  and  for  this  purpose  he  and  hi-  Beveral  employes  shall 


p.  820. 


MINNESOTA.  313 

have  the  powers  of  a  constable.  Such  seizure  may  be  made  without  a  warrant,  but 
in  such  case,  as  soon  as  practicable,  he  shall  cause  the  person  suspected  of  such  vio- 
lation of  law  to  be  arrested  and  prosecuted  therefor.  When  necessary,  a  search 
warrant  may  be  issued,  as  in  the  case  of  stolen  property;  the  form  of  the  complaint 
and  of  the  warrant  being  adapted  to  the  purpose  of  this  chapter. 

Sec.  44.  Forfi  tied  goods.  The  search  warrant  shall  be  directed  to  the  sheriff  or  any 
constable  of  the  county,  and  may  be  executed  by  the  commissioner  or  any  of  his 
employes.  No  security  for  costs  shall  be  required  thereon,  nor  upon  any  prosecu- 
tion under  this  chapter.  All  goods  seized,  whether  with  or  without  warrant.  BhaU 
be  safely  kept  by  the  officer  so  long  as  they  may  be  needed  as  evidence;  and.  if  found, 

upon  the  trial,  to  have  been   kept,  offered  or  sold  in  violation  of  law,  such  g Is 

shall  be  forfeited  to  the  state,  and  shall  be  disposed  of  as  directed  by  the  court. 

Sec.  46.  Pria  not  collectible.  No  action  shall  be  maintained  for  the  purchase  price 
or  value  of  any  goods,  the  sale  of  which  is  prohibited  by  this  chapter,  or  which  are 
sold  or  intended  to  be  sold  in  a  manner  forbidden  hereby.  Nor  shall  any  person  be 
liable  for  the  price  or  value  of  food  or  board  furnished  in  violation  of  any  provision 
hereof. 

Sec.  46.  Cost*;  fines;  receipts.  In  all  prosecutions  under  this  chapter,  the  costs 
thereof  shall  be  paid  and  collected  as  in  other  criminal  cases;  but  all  tines  collected 
shall  be  paid  into  the  state  treasury,  and  be  added,  together  with  all  fees  and  other 
receipts  of  the  commissioner,  to  the  appropriation  made  for  the  support  of  his  office 
for  the  current  year. 

Sec. '47.  Appropriations.  The  Bum  of  fifteen  (15)  thousand  dollar-,  or  as  much 
thereof  a-  may  be  uecessary,  is  hereby  appropriated  annually  for  the  carrying  out  of 
the  purposes  of  this  chapter  and  for  the  salaries  and  expenses  of  the  State  Dairy  and 
Food  Commissioner,  his  assistant  and  employes. 

Revised  Code,  1905  (Penal Code),  ch.  ;»<;  (in  preparation), 
ALCOHOLIC  LIQUORS. 

Si;..  26.  Prohibited  ingredients;  penalty.  No  person  shall  make,  brew,  distil,  sell,  or 
serve,  in  any  form,  any  adulterated,  spirituous,  fermented  or  distilled  honor,  and  any 
such  liquor  shall  be  deemed  adulterated  if  it  contains  any  of  the  following  named 
substances:  Cocculus  indicus,  chloride  of  sodium,  copperas,  opium,  extract  of  log- 
wood, cayenne  pepper,  picric  acid,  Indian  hemp,  strychnine,  arsenic,  alum,  tobacco, 
salt-  of  /.'me,  copper  or  lead,  methyl  alcohol  or  derivatives  therefrom,  amy]  alcohol, 
coal-tar  dye,  or  any  poisonous  or  injurious  ingredient.  Every  violation  of  the  pro- 
visions of  this  section  shall  be  deemeda  misdemeanor,  and  the  first  offense  here- 
under shall  be  punished  by  a  fine  <>i  no1  less  than  twenty-five  25 1  dollars  or  not  less 
than  ten    l"    Mays  imprisonment,  and  any  subsequent  offense  by  a  tine  or  \m\ 

inent  which  shall    he  not  less   than  double   the   minimum    herein    prescribed    for  the 

tirst  offense  hereunder. 
Revised  Code,  L905  (Penal  Code  .  ch.  96  (in  preparation). 

B  LKING   POWDER. 

8k.  27.   Definitions  and  labels.     Any  substance  or  preparation  designed  or  ofl 
■•or  use  as  baking  powder  or  is  a  substitute  therefor,  or  in  imitation  th< 
shall  for  the  purposes  of  this  chapter  be  deemed  included  in  the  term  "Baking 
Powd( 

Tin-  manufacture  or  Bale  of  anv  baking  powder,  which  contains  any  ingredient 

injurious  to  health,  is  prohibited. 

No  person  shall  -ell  any  I  taking  powder  unless  each  receptacle  or  package  in  which 
the  -a  ii  !••  i-  kept  for  sale  or  sold,  ha-  securely  affixed  in  a  conspicuous  place  upon  the 
side  t  hereof,  and  plainly  separated  from  other  reading  matter,  a  white  or  light  col<  red 


314  FOODS    AND    FOOD    CONTROL. 

label,  upon  the  outside  face  of  which  label  shall  be  printed  in  the  English  language, 
with  black  ink,  in  type  not  smaller  than  eight  point,  boldfaced,  gothic  capitals,  the 
words:  "This  baking  powder  is  composed  of  the  following  ingredients  and  none 
other."  and  immediately  thereafter  upon  the  same  label,  in  color,  style  and  manner 
above  specified,  there  shall  be  printed  the  name  of  each  ingredient  contained  in  such 
baking  powder,  using  the  name  by  which  each  ingredient  is  commonly  known:  and 
there  shall  also  appear  upon  such  label  the  name  and  address  of  the  manufacturer  of 
such  baking  powder. 

Revised  Code,  1905  (Penal  Code),  ch.  96  (in  preparation). 

CONFECTIONERY. 

.14.  No  person  shall  manufacture  or  sell  adulterated  confectionery;  and  con- 
fectionery shall  be  deemed  adulterated  if  it  contain  terra  alba,  barytes,  talc,  coal-tar 
dye,  or  any  other  poisonous  or  injurious  coloring  matter,  or  any  poisonous  or  injur- 
ious flavoring  matter,  or  any  substance  injurious  to  health. 

Revised  Code,  1905  (Penal  Code),  ch.  96  (in  preparation). 

DAIRY  PRODUCTS. 

Sec.  4.  Liquid  measure.  The  standard  measure  of  capacity  for  liquids,  except 
beer  and  milk,  shall  be  the  wine  gallon,  containing  231  cubic  inches:  and  31,50  gal- 
lons shall  constitute  a  barrel,  and  <>:>  gallons  a  hogshead.  The  standard  measure  of 
capacity  for  beer  and  milk  shall  be  the  gallon  containing  282  cubic  inches.  The  half 
gallon  shall  contain  one  hundred  forty-one  cubic  inches,  and  the  quart  one-half  as 
much  and  the  pint  one-half  as  much  as  the  quart.—  Lairs  of  1908,  ch.  S68,  sec.  .'. 

Sec.  i).  Impure  milk  and  cream.  No  person  shall  sell  unwholesome  or  adulterated 
milk  or  cream. 

Milk  or  cream  that  has  not  been  well  cooled  and  aerated,  or  to  which  preserva- 
tives of  any  kind  have  been  added:  milk  drawn  from  cows  kept  in  a  crowded  condi- 
tion or  in  places  not  well  ventilated  or  lighted,  or  which  from  any  cause  are  filthy 
or  unsanitary,  or  from  unclean  or  diseased  COWS,  or  those  \vd  with  distillery  waste, 
brewery  grains,  waste  of  vinegar  <>r  Bugar  factories,  garbage  or  decayed  substances  in 
any  form,  except  ensilage  from  silos  properly  managed;  milk  drawn  from  cows  w [thin 
fifteen  days  before,  or  five  days  after  giving  birth  to  a  calf;  and  milk  or  cream  which 
lias  been  kept  in  or  near  stables  where  any  animal  is  housed,  or  in  any  building 
attached  to  such  stable,  or  in  any  place  where  bad  air  exists,  and  cream  taken  from 
unwholesome  or  adulterated  milk,  shall  be  deemed  unwholesome  and  adulterated 
within  the  meaning  of  this  chapter. 

Milk  from  which  any  normal  constituent  has  been  abstracted  or  milk  containing 
any  Substance  aol  a  normal  constituent  thereof,  or  more  than  eighty-seven  per  cent 
of  water,  or  leSfl  than   thirteen   percenl  of   milk  solids  of  which  at  least    three  an. 1  a 

half  per  cent  shall  be  fat,  and  cream  in  which  there  i-  Less  than  twenty  per  cent  of 
butter  fat  or  which  contain-  an\   foreign  thickening,  or  coloring  substance  or  any 

abnormal  ingredient  whatsoever,  shall  be  deemed  adulterated;  nor  shall  any  article 

of  food  be  manufactured  from  unwholesome  or  adulterated  milk  or  cream  except  as 
hereinafter  provided. 

\o  person  producing  milk  or  cream  for  market,  or  exchange  or  for  manufacturing 
the  same  into  article-  of  food  shall  feed  milch  cattle  any  distiller]  waste  or  brewery 
grains  or  t  he  w  aste  of  vinegar  or  Bugar  factories,  or  garbage  or  any  substance  which 

is  decayed  ami  unhealthy. 

7.  Skimmed  milk.  Notwithstanding  the  provisions  of  the  preceding  section, 
milk  from  which  tin-  cream  ha-  been  removed,  if  such  milk  is  otherwise  wholesome 
and  unadulterated,  may  be  sold  as  such  to  maker-  of  skim  cheese  as  hereinafter 


MINNESOTA.  315 

defined,  and  by  licensed  dealers;  but  in  the  latter  case  only  from  vessels  Legibly 
marked  with  the  words  "Skimmed  Milk"  in  plain,  black  letters  upon  a  light  colored 
background,  and  each  letter  being  at  least  one  inch  high  and  one-half  inch  wide,  and 
said  words  being  placed  on  the  top  or  side  of  each  vessel  These  requirements,  how- 
ever, shall  not  apply  to  skimmed  or  separated  milk  delivered  to  any  patron  of  a 
creamery  who  regularly  sells  milk  to  the  proprietor  thereof,  but  all  milk  so  deliv- 
ered shall  first  be  pasteurized  at  a  temperature  of  at  least  one  hundred  and  eighty 
degrees,  Fahrenheit. 

Sec.  8.  Sales  licensed.  No  person  shall  sell  milk  or  cream  in.  or  to  In-  used  in.  any 
municipal  corporation,  except  for  the  purpose  of  supplying  the  same  to  abutter  or 
cheese  factory,  without  being  Licensed  by  the  dairy  and  food  commissioner,  and  tin- 
fee  for  such  license  shall  be  one  dollar  for  each  place  or  vehicle  from  which  sale  is 
made.  Every  such  license  shall  expire  on  the  first  day  of  May  next  after  its  issue, 
shall  be  given  only  to  a  person  owning  or  leasing  the  vehicle  or  place  from  which 
salt's  are  to  be  made  and  shall  not  be  transferred.  Each  license  shall  be  numbered 
and  shall  contain  the  name,  residence  and  place  of  business  of  the  licensee,  the  name 
of  all  employes  to  art  thereunder,  and  the  number  of  vehicles  and  places  to  be  used. 
The  name  and  number  of  the  license  shall  be  plainly  inscribed  <>n  both  sides  of  each 
vehicle  in  use  for  the  purposes  aforesaid,  and  every  sale  from  a  vehicle  not  so  inscribed 
shall  be  deemed  a  misdemeanor.  Every  licensee  shall  report  to  the  commissioner 
any  change  of  driver  or  person  employed  by  him  in  connection  with  such  sales  which 
may  occur  during  the  term  of  his  license.  Any  person  keeping  not  more  than  one 
cow  shall  be  exempted  from  the  provisions  of  this  section. 

>i;<  .  •.*.  Licensi  n  voted.  The  commissioner  may  withhold  a  license  from  any  appli- 
cant therefor  whom  he  may  deem  unworthy  and  may  revoke  any  license  issued  by 
him  to  an  owner  who  has  violated  the  terms  thereof,  or  who  has  failed  to  comply 
with  any  requirement  of  this  chapter,  or  refused  or  failed  to  obey  his  lawful  request 
or  direction,  and  every  conviction  of  the  licensee  for  an  offense  punishable  under  this 
chapter  shall  be  a  sufficient  ground  for  such  revocation. 

LO.  Standard  measures  and  tests.  The  standard  pipette  for  measurement  of 
milk  shall  have  a  capacity  of  seventeen  and  six-tenths  cubic  centimeters,  and  for 
cream  18  cubic  centimeters.  The  standard  test  tube  or  bottle  for  milk  shall  have  a 
capacity  between  zero  and  ten  on  the  graduated  scale  marked  on  the  neck  thereof,  of 
two  cubic  centimeters  of  mercury,  at  a  temperature  of  sixty  degrees  Fahrenheit,  and 
for  cream  a  capacity  of  six  cubic  centimeters  of  mercury,  at  the  same  temperature 

between  /cro  and  thirty  on  the  s.  ale.  Any  person  who  shall  use  any  other  measure 
or  test  for  milk  or  cream  Bold  or  purchased  at  prices  determined  by  the  proportion  of 
bmtci  tat  contained  therein;  any  person  who  shall  manipulate  or  nndei  read  the 
Babcock  test  or  any  other  contrivance  osed  for  determining  the  quality  or  value  of 
milk;  and  an\  person  who  shall  manufacture  or  sell,  a  cream  or  milk  pipette  or 
measure,  which  is  not  correctly  marked  or  graduated  as  herein  provided,  shall  be 

deemed  L'lliltv  of  a  ]  1 1  i-,  Ifil  icanor. 

11.  Cans  to  be  cleansed;  sour  milk.  Every  person  receiving  milk  or  cream  from 
a  common  carrier  in  cans  or  other  vessels  which  are  to  be  returned  to  the  shipper, 
shall  cause  Mich  vessel  to  be  promptly  emptied  and  before  returning  the  same  to  be 
thoroughly  cleansed.     So  pt  reon  -hall  ship  or  deliver  to  any  manufacturer  or  dealer 

■Ay  milk  or  cream  that   has  become  sou  r  mile--  it  be  BO  labeled. 

lory  records.     No  person  engaged  in  making  butter  or  cheese  for  others 
•"it  of  cream  or  milk  furnished  by  them  shall  withhold  or  permit  to  be  withheld. 

any    part  of   the  cream    OF    milk  so    furnished,  or  an\   product    thereof,  without    the 

knowledge  and  consent  of  the  owner.     Ever)  maker  -hall  keep  •  all  quan- 

tities of  milk  and  cream  n  ten  day  and  from  whom  received  and  the  dispo- 

sition thereof,  also  of  the  weight  of  all  cheese  and  butter  made  each  day,  and  of  the 
number  ami  aggregate  weight  of  all  package*  of  cheese  and  butter  delivered  to  those 


316  foods  and  food  control. 

furnishing  milk  and  cream  for  manufacture  or  otherwise  disposed  of.     Such  records 
shall  lie  exhibited  <»n  request  to  the  commissioner  and  his  employee  and  to  all  per- 
hirnishing  milk  and  cream  t«>  such  maker. 

-  .  13.  Skim  cheese;  j>I<irnr<I>.  No  person  shall  manufacture  for  sale  or  sell  as 
cheese  any  substance  not  the  exclusive  product  of  milk.  Cheese  containing  less  than 
forty-live  percent  of  fat  po  total  solids  therein  shall  be  known  as  "skimch 
and  no  person  shall  sell  the  same  unless  the  words  "skim  cheese"  be  plainly  let- 
tered thereon  in  letters  made  with  bold-faced  type  not  less  than  one  and  one-half 
inches  long,  upon  the  circumference  of  the  cheese,  and  the  same  inscription  be 
placed  upon  the  outside  of  each  package  in  which  it  is  kept  for  sale  or  sold;  and 
every  person  who  sells  the  same  or  furnishes  it  to  boarders  or  others  for  pay  shall 
cause  placards  to  be  kept  continuously  posted  in  a  conspicuous  position  upon  the 
walls  of  the  room  wherein  such  skim  cheese  is  sold,  or  served,  upon  the  face  of 
which  placards  there  shall  be  distinctly  and  legibly  printed  in  the  English  language 
and  in  letters  of  sutlicient  size  to  be  visible  from  all  parts  of  the  room,  the  word 
"skim  cheese  sold  (or  served)  here." 

B»  .  14.  Minnesota  brands.  Any  person  manufacturing  in  this  state  cheese  above 
the  grade  of  skim  cheese  or  butter  which  is  wholly  and  exclusively  the  product  of 
wholesome  and  unadulterated  milk  or  cream  may  label  and  sell  the  same  as  ••  Minne- 
Full  Cream  Cheese"  or  "  Minnesota  Pure  Dairy  (or  Creamery)  Butter,"  as  the 
case  may  be,  and  may  add  to  such  brand  or  label  the  name  of  the  county  wherein 
such  cheese  or  butter  is  made,  using  for  the  purpose  a  numbered  stencil  brand  far- 
Dished  by  the  Dairy  and  Food  Commissioner.  Such  commissioner  shall  issue  to  such 
manufacturer  under  such  regulation  as  to  the  custody  and  use  thereof  as  the  commis- 
sioner may  prescribe,  uniform  stencil  brands  for  such  marking;  keeping  a  register  of 
the  number  of  each  and  of  the  name  and  place  of  residence  of  the  manufacturer 
receiving  the  same. 

Any  person  who  shall  without  authority  of  the  commissioner,  as  aforesaid  use  any 
such  brand  or  label,  or  any  person  who  shall  use  such  brand  or  label  upon  cheese  or 
butter  below  the  grade  aforesaid,  shall  be  guilty  of  a  misdemeanor. 

.  L5.  Inspection  of  dairies.  At  such  times  as  he  may  deem  proper  he  shall  cause 
to  be  inspected  all  places  where  dairy  products  are  made,  stored,  or  served  as  food 
for  pay,  and  all  places  w  here  cows  are  kept  by  persons  engaged  in  the  sale  of  milk  or 
cream  and  may  require  the  correction  of  all  unsanitary  conditions  and  practices  found 
therein. 

Every  refusal  or  neglect  to  obey  any  Lawful  direction  of  the  commissioner  or  his 

agenl  given  in  carrying  OUl  the  provisions  of  this  chapter  shall  be  deemed  a  misde- 
meanor. 

16.  Local  inspection.  The  governing  authority  of  any  municipal  corporation 
may  by  ordinance,  provide  for  the  inspection  of  milk  and  butter  sold  within  its 
limits,  and  of  dairies,  and  dairy  herds  kept  for  the  production  of  such  milk  or  butter; 
and  may  prescribe  the  terms  upon  which  such  sales  may  be  made  and  atlix  penalties 
for  violation  thereof;  but  no  BUCfa  ordinance  shall  conflict  with  any  law  of  this  State, 
or  interfere  with  any  power  or  duty  of  the  Dairy  and  Food  Commissioner,  or  his 
Official  subordinates. 

17.  Water  standard/or  butter.     No  person  shall  manufacture  forsale  or  sell  any 

dairy  or  creamery  butter  which  contains  more  than  sixteen  per  cent  of  water. 

is.   Renovated  butter.    No  person  shall  sell  any  butter  made  bj  taking  original 

packing  stock,  or  other  butter,  or  both,  and  melting  the  same  and  drawing  off,  or 
extracting  the  butter  fat,  and  mixing  such  fat  with  skimmed  milk,  or  cream,  or  other 
milk  product,  and  rechurning  or  reworking  such  mixture;  or  any  batter  produced 
by  any  pro..--,  commonly  known  as  boiled,  process  or  renovated  butter,  unless  the 
words  "Benovated  Butter"  shall  be  plainly  branded  with  boldface  letter-,  at  least 
three-fourths  of  an  inch  in  length,  on  the  top  and  sides  of  each  receptacle,  package, 


MINNESOTA.  317 

or  wrapper  in  which  it  is  kept  for  sale  or  sold.  And  if  such  butter  is  exposed  for 
gale  uncovered,  or  not  in  a  receptacle,  package  or  wrapper,  then  a  placard  containing 
the  words  "  Renovated  Butter  "  printed  in  style  and  manner  as  aforesaid,  shall  be 
attached  to  the  mass  of  butter  in  such  manner  as  to  be  easily  seen  and  read  by  pur- 
chaser-. 

Sk<  .  19.  Process  butter.  No  person  shall  sell  any  butter  made  of  part  cream  and 
part  casein  and  other  ingredients  by  what  is  known  as  the  "Quinness  Patent"  or 
process,  or  that  made  by  other  similar  process,  whereby  the  casein  of  milk  and  other 
ingredient-  are  made  to  imitate  and  resemble  genuine  butter  made  from  cream, 
unless  each  package  or  receptacle  in  which  the  same  is  kept  for  sale  or  sold  shall  be 
stamped  or  marked  "Patent  Butter"  on  the  top  and  sides  thereof,  with  lamp  black 
and  oil,  in  letters  at  least  one-fourth  of  an  inch  wide,  and  one-half  of  an  inch  long; 
and  in  addition  to  such  marking  the  seller  at  the  time  of  the  sale  shall  give  to  the 
purchaser  a  printed  card,  stating  distinctly  and  correctly  the  different  ingredients 
contained  in  said  compound. 

20.  ImikUing  yellow  butter;  penalty.  The  manufacture  or  sale  of  oleomargarine, 
bntterine,  or  similarly  constituted  butter  substitute,  which  La  made  or  colored  to 
imitate  yellow  butter  is  prohibited.  Every  violation  of  the  provision  of  this  section 
shall  be  deemed  a  misdemeanor,  the  punishment  whereof  shall  be  a  fine  of  not  less 
than  fifty  dollars  or  imprisonment  for  not  less  than  sixty  days. 

Si;c .  21.  Branding  of  oleomargarine.  Oleomargarine  or  butterine  or  similarly  con- 
stituted butter  substitutes  may  be  sold  if  not  in  semblance  of  yellow  butter,  and  if 
free  from  prohibited  ingredients  and  otherwise  wholesome,  provided  each  wrapper 
or  receptacle  in  which  the  same  is  kept  for  salt-,  or  Bold,  shall  be  plainly  and  con- 
spicuously branded  by  stamp  or  label  with  the  word  "Oleomargarine"  or  "But- 
terine," in  the  English  language,  in  letters  not  smaller  than  thirty-six  point,  bold- 
faced gothic  capitals,  and  provided  also,  the  seller  keeps  constantly  and  conspicuously 
posted  on  both  sides  of  the  room  in  which  the  sale  is  made,  a  placard,  the  bee  of 
which  shall  contain  plainly  printed  thereon,  in  the  English  language,  in  black  ink, 
in  type  not  smaller  than  six  inches  in  length,  the  word-  "Oleomargarini 
Butterine  |  sold  here." 

Sk<  .  'J-.  Notice  when  serving  oleomargarint  in  hotels^  etc.  Every  manager  or  manag- 
ing agent  of  any  establishment,  either  public  or  private,  where  guests,  board* 
patients  are  served  with  food  foe  pay.  who  shall  serve  or  use  as  butter,  or  as  a  sub- 
stitute therefor  any  oleaginous  Bubstance  or  compound  other  than  that  produced 
wholly  from  unadulterated  milk  or  cream,  shall  cause  to  be  plainly  printed  upon 
every  bill  of  fare,  if  one  be  used,  in  letters  not  smaller  than  eight  point,  bold  Eaoed 
gothic  capitals,  in  the  English  language,  the  word-  "Oleomargarine  (or  butterine  or 
other  substitute)  used  in  place  of  butter;"  and  in  case  no  bill  of  fare  boused  the 
manager  or  person  in  charge  of  such  establishment  -hall  cause  to  be  posted  upon 
each  side  of  the  dining  or  eating  room  in  a  conspicuous  position  and  in  letters  large 

enough  to  be  distinctly  -ecu  and  read  from  all  parts  of  the  n i,  placards  containing 

on  the  fare  thereof,  the  word-  in  the  English  language,  "Oleomargarine  or  butter- 
ine. or  other  substitute  I  used  in  place  of  butter."  And  such  person  shall  keep  said 
placards  continuously  posted  as  aforesaid,  bo  long  as  such  butter  substitute  be  kept 
or  used. 

Bb  28.  Preservatives.  No  person  shall  manufacture  for  .-ale.  advertise  or  sell,  any 
mixture  «.r  compound  designed  or  offered  for  sale  or  use,  as  an  adulterant  of,  or  pre- 
servative of  milk,  butter  or  cheese;  nor  shall  any  per-on  add  or  apply  to  milk,  hut- 
ter  Or  cheese,  any  borax,  boric  acid,  salicylic  add,  formaldehyde,  formalin,  or  other 

antiferment  or  preservative;  provided,  however,  that  this  section  shall  not  apply  to 
pure  salt  added  to  butter  or  ch< 

Ke\  ised  Oode,  1906,  ch.  158    in  preparatioi 

lo'.a;     So  6  v  pi  i    06  — 4 


318  FOODS    AND    FOOD    CONTROL. 

HONEY. 

Ski  .  33.  Definitions;  substitutes;  labels.  Pure  honey  is  wholly  the  natural  product 
of  honey  bees,  collected  and  made  by  them  from  the  nectars  <>!"  flowers  and  saccha- 
rine exudations  of  plants. 

If  made  by  bees  in  whole  or  in  part  from  glucose,  sugar,  syrup  or  other  material 
fed  to  them  for  the  purpose,  such  product  is  "fed  honey"  and  shall,  for  the  designs 
of  this  chapter,  be  deemed  and  known  as  "honey  substitute." 

If  designed  or  offered  for  sale  or  use,  as  honey,  or  as  a  substitute  therefor,  or  in 
imitation  thereof,  any  Bubstance  or  preparation  which  is  not  pure  honey,  within  the 
meaning  of  the  above  definition,  shall,  for  the  purposes  of  this  chapter,  be  deemed 
and  known  as  "honey  substitute." 

The  foregoing  definitions  and  terms  shall  be  deemed  to  apply  both  to  comb  honey 
and  to  the  extracted  or  strained  products  of  comb  honey. 

The  manufacture  or  sale  of  any  honey  substitute,  which  contains  any  ingredient 
injurious  to  health,  is  prohibited. 

N*0  person  shall  sell  any  honey  substitute,  unless  each  receptacle,  package  or 
frame  in  which  it  is  kept  for  sale  or  sold,  shall  have  securely  affixed  in  a  conspicuous 
place  upon  the  side  thereof,  and  plainly  separated  from  other  reading  matter,  a 
separate  and  distinct  white  label,  upon  the  outside  face  of  which  label  shall  be 
printed  in  the  English  language,  with  black  ink,  in  type  not  smaller  than  ten  point, 
bold-faced,  gothic  capitals,  the  words  "This  preparation  is  honey  substitute,  com- 
posed of;"  and  immediately  following  upon  the  same  label,  in  color,  style  and  man- 
ner aforesaid,  there  shall  appear  the  name  and  proportionate  amount  by  weight,  of 
each  ingredient  contained  in  such  substitute,  using  the  name  by  which  each  ingre- 
dient is  commonly  known;  and  there  shall  also  appear  upon  such  label  the  name  and 
address  of  the  manufacturer  of  such  substitute,  and  if  such  substitute  consists  in 
whole  or  in  part  of  fed  honey,  then,  there  shall  also  appear  upon  such  label,  the 
name  of  each  substance  fed  to  the  bees  producing  such  fed  honey  together  with  the 
name  and  location  of  the  apiary  from  which  such  fed  honey  came. 

Revised  Code,  1905  (Penal  Code),  ch.  96  (in  preparation). 

LARD. 

8bc.  36.  Definitions;  substitutes;  labels.  Lard,  to  be  deemed  pure,  must  be  com- 
posed wholly  of  rendered  hog  fat  and  must  contain  intact  every  constituent  normal 
to  rendered  hog  fat. 

If  designed  or  offered  for  sale  or  use  as  lard,  or  as  a  substitute  therefor,  or  in  imita 

tion  thereof,  any  substance  or  preparation,  which  is  not  pure  lard,  within  the  mean- 
ing of  the  above  definition,  shall   tor  the  purpose  of  this  chapter  be  deemed  and 
known  as  "  lard  substitute." 
The  manufacture  or  Bale  of  any  lard  substitute  which  contains  any  ingredient 

injurious  to  health  is  prohibited. 

No  person  shall  sell  any  lard  substitute,  unless  each  receptacle  in  which  the  same 
is  kept  for  sale  or  sold,  shall  have  securely  affixed  in  a  conspicuous  place  upon  the 
ride  thereof,  b  stencil  brand  or  light  colored  label,  upon  the  outside  face  of  which 
shall  appear  in  the  English  language,  in  letters  not  smaller  than  thirty  Biz  point,  bold- 
faced, gothic  capital-,  the  words  "Lard  Substitute,-'  and  immediately  following  in 
color,  style  and  manner  aforesaid,  there  shall  appear  the  name  and  proportionate 
amount  by  weight,  of  each  ingredient  contained  in  such  substitute,  using  the  name 
by  which  each  ingredient  is  commonly  known;  and  there  shall  also  appear  upon 
such  label  the  name  and  address  of  the  manufacturer  or  packer  of  such  substitute; 
and  in  addition  to  the  proper  labeling  of  such  receptacle,  as  hereinbefore  required, 
the  seller  shall  furnish  to  the  purchaser,  at  the  time  of  sale  a  card  upon  w  hich  is  dis- 
tinctly and  legibly  printed  in  Engliah  all  data  and  information  required  t<»  be  printed 

upon  the  label  aforesaid. 


MINNESOTA.  319 

Sec.  36.  Notice  when  substitutes  ar<  used  in  bakeries,  hotels,  etc.  Xo  person  shall  sell 
in  any  bakery  or  other  place  where  prepared  foods  are  kept  for  sale  or  sold,  and  no 
person  shall  serve  to  guests,  boarders  or  patients  for  pay,  any  food  prepared  wholly 
or  in  part  from,  with,  or  by  use  of  lard  substitute,  unless  at  the  time  of  such  sale  or 
service  there  be  furnished  to  the  purchaser  a  card  or  printed  notice  upon  which  is 
distinctly  and  legibly  printed  in  English  the  words  "This  food  is  prepared  with  lard 
substitute;"  and  such  person  shall  also  keep  constantly  posted  upon  the  walls  of  the 
room  where  sale  or  service  is  made,  in  conspicuous  positions,  a  notice,  upon  which 
shall  be  distinctly  and  legibly  printed  in  English,  and  in  letters  of  sufficient  size  to 
be  visible  from  all  parts  of  the  room,  the  words  "Lard  Substitute  is  used  in  the 
preparation  of  food  sold  (or  served)  here." 

Revised  Code,  1905  (Penal  Code),  ch.  96  (in  preparation). 

MEATS. 

B»  .  7v.  Sale  of  unwholesome  poultry  a  misdemeanor.  Every  person  who  shall  offer 
or  expose  for  sale  at  retail,  for  human  food,  at  any  public  market,  store,  shop,  or 
house,  or  in  or  about  any  street  or  other  public  place,  any  domestic  or  wild  fowls,  or 
any  slaughtered  rabbits,  squirrels,  or  other  small  animals,  wild  or  tame,  unless  the 
entrails,  crops,  and  other  offensive  pari- are  properly  drawn  and  removed,  shall  be 
guilty  of  a  misdemeanor. — Ialws  of  1895,  ch. 

7;.  Protection  of  meat;  penalty.  Every  dealer  in  slaughtered  fresh  meats,  fish. 
fowl,  or  game  for  human  food,  at  whole-ale  or  retail,  at  any  established  place  or  a- a 
peddler,  in  the  transportation  of  such  food  from  place  to  place  to  customers,  shall 
protect  the  same  from  dust,  flies,  and  other  vermin  or  substance  which  may  inju- 
riously affect  it.  by  securely  covering  it  while  being  so  transported.  Every  violation 
of  the  foregoing  provision  shall  l»e  a  misdemeanor,  punishable  by  a  fine  of  not  less 
than  *10  or  by  imprisonment  in  the  county  jail  for  not  less  than  10  day.-.  —  Laws  of 
1896,  ch,  900. 

Revised  Code,  L905  I  Penal  Code),  ch.  96  (in  preparation ). 

PRESERVES. 

9bi  .  30.  Definitions;  prohibitions;  labels.  Pure  iruit  jelly  shall  be  defined  a- a  prepa- 
ration consisting  wholly  of  the  product  obtained  by  evaporating  the  natural  juice  of 
the  frail  -peciiicd  with  or  without  the  addition  of  cane  sugar,  and  containing  no 
other  ingredients. 

Pure  fruit  jam,  preserves  and  marmalade  shall  each  be  defined  as  a  preparation 
consisting  wholly  of  the  fruit  specified,  preserved  in  a  syrup  made  of  cane  BUgar  and 
pure  water,  and  containing  no  other  ingredients 

[f  designed  or  offered  for  sale  or  use  a-,  or  in  place  of ,  or  in  imitation  of  either 
fruit  jelly,  jam,  presen «-.  or  manna  lade,  any  Bubstance  or  preparation,  which  is  not 
pure  within  the  meaning  of  the  above  definitions,  Bhall  for  t  lie  purpose-  of  this  chap 
ber  be  deemed  and  known  as  a  buI  stitute. 

The  manufacture  or  sale  of  any  such  substitute  which  contain-  coal-tar  dye,  or  any 
ingredient  injurious  to  health,  is  prohibited. 

V.  person  Bhall  sell  any  such  substitute  unless  each  package  or  receptacle  in  which 

the  same  is  kept  for  sale  or  sold,  shall  have  securely  affixed  in  a  conspicuous  place 
upon  the  side  thereof,  a  separate  and  distinct  white  label,  upon  the  outside  ft 
which  label  shall  !«•  printed  in  the  English  language,  with  black  ink.  in  type  not 
smaller  than  eighteen  point,  bold-faced,  gothic  capitals,  the  words:  "This  prepara 
tion  i-  mixed  and  adulterated,"  and  tin -re  -hail  also  appeal  upon  such  label  the  name 
and  address  of  the  manufacturer  of  such  substitute. 

Revised  Code,  1905  |  Penal  Code  .  ch.  96    in  preparation 


820  FOODS    AND    FOOD    CONTROL. 

.SPICES. 

Sec.  28.  Definitions;  prohibitive.  The  words  "spice"  and  "condiment,"  as  used 
in  this  chapter,  shall  be  deemed  to  include  every  substance  known  in  commerce  as  a 
spice  or  condiment,  whether  separately  or  in  combination  with  others,  and  however 
prepared,  and  such  words  shall  also  be  deemed  as  including  any  substance  or  prepa- 
ration designed  or  offered  for  sale  or  use  as  a  spice  or  condiment,  or  as  a  substitute 
for  either,  or  in  imitation  of  either. 

The  manufacture  or  sale  of  any  spice  or  condiment  which  is  itself  injurious,  or 
which  contains  any  ingredient  injurious  to  health,  is  prohibited. 

The  manufacture  or  sale  of  any  condiment  containing,  or  prepared  with,  or  by  use 
of  vinegar  which  is  adulterated  within  the  meaning  of  Section  24a  of  this  chapter  is 
prohibited;  and  nothing  in  this  or  the  succeeding  section  shall  be  deemed  to  permit 
the  sale  of  vinegar  as  a  separate  condiment  if  such  vinegar  be  adulterated  within  the 
meaning  of  said  Section  24." 

Sec.  29.  Adulteration  defined;  labels.  For  the  purpose  of  this  chapter  a  spice  or 
condiment  shall  be  deemed  adulterated: 

1.  If  it  be  so  mixed  or  packed  with  other  articles  as  to  decrease  its  strength  or 
purity;  or 

2.  If  any  normal  constituent  thereof  has  beeir  either  in  whole  or  in  part  ab- 
stracted; or 

3.  If  it  be  an  imitation  of  the  article  named  upon  the  label;  or 

4.  If  it  be  colored,  powdered,  or  treated  in  any  manner  whereby  damage  or  infe- 
riority is  concealed,  or  whereby  the  quantity,  quality  or  value  is  misrepresented. 

No  person  shall  sell  any  spice  <>r  condiment  which  is  adulterated  as  hereinbefore 
defined,  unless  each  receptacle  or  package  in  which  the  same  is  kept  lor  sale  or  sold, 
shall  have  securely  affixed  in  a  conspicuous  place  upon  the  side  thereof,  and  plainly 
separated  from  other  reading  matter,  a  separate  and  distinct  white  label,  upon  the 
outside  face  of  which  label  shall  be  printed  in  the  English  language,  in  black  ink,  in 
type  not  smaller  than  double  pica,  the  words  "mixed  and  adulterated,"  and  imme- 
diately following  upon  the  same  label,  in  color,  style  and  manner  aforesaid,  there 
shall  appear  the  common  English  name  of  the  spice  or  condiment  which  such  recept- 
acle or  package  contains,  together  with  the  net  weight  of  such  contents;  and  such 
label  shall  also  contain  the  name  and  address  of  the  manufacturer  or  packer  of  such 
spire  or  condiment. 

No  person  shall  sell  any  unadulterated  spice  or  condiment  unless  the  net  weight  of 
the  contents  of  tin-  receptacle  or  package  shall  plainly  appear  in  a  conspicuous  place 

thereon. 

Revised  Code,  L905  (Penal  Code),  ch.  96  (in  preparation). 

SYBUPS,    ETC. 

Sac.  31.    M"j,/<  sugar;  syrup  defined;  substitutes;  labels.     Pure  maple  sugar  and  pure 

maple  syrnp  .-hall  each  he  defined  as  a  product  obtained  wholly  by  the  evaporation 
of  the  natural  sap  of  the  suirar  maple  tree:  Provided,  that  maple  syrup  made  by  dis- 
Bolving  pure  maple  Bugariu  pure  water,  shall  [or  the  purposes  of  this  chapter  be 

deemed    pure. 

If  designed  or  offered  for  sale  or  use  as  either  maple  sugar  or  maple  syrup,  oi  a-  ;i 

BUbfltitute  for  either,  or  in  imitation  of  either,  any  substance  or  preparation  which  is 
not  pure,  within  the  meaning  of  the  above  definition,  shall  for  the  purpose  of  this 
chapter  be  deemed  ami  known  as  "maple  sugar  substitute"  <>r  "maple  syrnp  sni> 

BtitUte,"  a-  the  ease  may  he. 

See  p.  :;l'|. 


MINNESOTA.  321 

The  manufacture  or  Bale  of  any  maple  sugar  substitute  or  any  maple  syrup  substi- 
tute which  contain  any  ingredient  injurious  to  health  is  prohibited. 

No  person  shall  sell  any  such  substitute,  unless  each  receptacle  or  package  in  which 
the  same  is  kept  for  sale  or  sold,  shall  have  securely  arhxed  in  a  conspicuous  place 
upon  the  side  thereof,  and  plainly  separated  from  other  reading  matter,  a  separate 
and  distinct  white  or  light  colored  label,  upon  the  outside  face  of  which  label  shall 
he  printed  in  the  English  language,  with  black  ink,  in  type  not  smaller  than  twelve 
(12)  point,  bold-faced,  gothic  capitals,  the  words  "This  maple  sugar  substitute  (or 
maple  syrup  substitute,  as  the  case  may  be)  is  composed  of;"  and  immediately  fol- 
lowing upon  the  same  label  in  color,  style  and  manner  aforesaid,  there  shall  appear 
the  name  of  each  ingredient  contained  in  such  substitute,  using  the  name  by  which 
each  ingredient  is  commonly  known;  and  there  shall  also  appear  upon  such  label 
the  name  and  address  of  the  manufacturer  of  such  substitute. 

Sec.  32.  Sorghum  syrup  defined;  substitutes;  labels.  Sorghum  syrup,  to  be  deemed 
pure,  must  consist  wholly  of  the  product  obtained  by  the  evaporation  of  the  natural 
juice  of  the  sorghum  plant. 

If  designed  or  offered  for  sale  or  use  as  sorghum  syrup,  or  as  a  substitute  therefor, 
or  in  imitation  thereof,  any  substance  or  preparation,  which  is  not  pure  sorghum 
syrup  within  the  meaning  of  the  above  definition,  shall  for  the  purpose  of  this  chap- 
ter be  deemed  and  known  as  "sorghum  syrup  substitute." 

The  manufacture  or  sale  of  any  sorghum  syrup  substitute  which  contains  any 
ingredient  injurious  to  health  is  prohibited. 

No  person  shall  sell  any  sorghum  syrup  substitute,  unless  each  receptacle  in  which 
the  same  is  kept  for  sale  or  sold,  shall  have  securely  affixed  upon  the  Bide  thereof  a 
separate  and  distinct  white  label,  upon  the  outside  face  of  which  label,  shall  be 
printed  in  the  English  language,  with  black  ink,  in  type  not  smaller  than  thirty-six 
point,  bold-faced,  gothic  capitals,  the  words  "  This  preparation  is  sorghum  syrup  sub- 
stitute composed  of;"  and  immediately  following  upon  the  same  label,  in  color,  style 
and  manner  aforesaid,  there -hall  appear  the  name  and  proportionate  amount  by 
weight,  of  each  ingredient  contained  in  such  substitute,  using  the  name  by  which 
each  Ingredient  is  commonly  known;  and  there  shall  also  appear  upon  such  label  the 
name  and  address  of  the  manufacturer  of  such  substitute. 

Revised  Code,  1905  (Penal  Code),  ch.  96  I  in  preparation). 

VTNEGAB 

24.  Definitions  and  standards.  The  term  "Vinegar"  as  used  herein,  shall  be 
deemed  to  include  any  article  or  preparation  designed  or  offered  for  -ale  or  use  as 

vinegar,  or  as  a  substitute  thereto!-,  or  in  imitation  thereof. 
No  person  -hall  sell  as  cider  vinegar  any  article  or  preparation  not  made  wholly 

from  pure  apple  juice 

The  manufacture  or  sale  of  adulterated  vinegar  for  use  in  any  form  in  food  is  pro- 
hibited, and  any  vinegar  shall  be  deemed  adulterated: 

l.  If  it  contain  less  than  four  and  one-half  per  centum  by  weight  of  acetic  acid;  or 

it  contain  any  artificial  Coloring  matter;  or 
•  '-     If   it  contain  any  mineral  acid,  or  any  acid  or  product  originating  from  the  dis- 
tillation of  wood,  or  an\  poisonous  metallic  impurities,  or  any  substance  injurious  to 

health;   Or 

i.  If  .t  be  cider  \  inegar  and  contain-  less  than  two  per  centum  by  weight  of  cider 
vinegar  solids  upon  full  evaporation  at  the  temperature  of  boiling  water. 

25.  Branding.  No  person  shall  sell  any  vinegar,  unless  the  receptacle  in 
which  it  is  kept  for  sale  or  sold,  be  plain  I >  and  conspicuous)}  marked,  in  the  English 
language,  upon  the  head  thereof  bj  stencil,  brand,  or  label,  with  the  name  of  the 
kind  of  vinegar  therein  contained,  its  percentage  ol  acetic  acid  by  weight,  the  name 


322  FOODS  AND  FOOD  CONTROL. 

of  the  substances  from  which  it  is  m'ade.  the  name  of  the  maker  and  the  place  of 
manufacture.  The  size  of  the  letters  an. I  the  figures  in  the  marking  herein  required 
shall  be  not  less  than  one  inch  in  length  when  a  barrel  or  larger  size  container  be 
used,  and  when  a  cask,  keg  or  any  wooden  receptacle  of  less  than  barrel  size  be  used 
the  size  of  the  letters  and  figures  shall  be  not  less  than  one-half  inch  in  length;  and 
if  the  receptacle  consists  of  a  barrel,  jug  or  similar  container,  the  data  and  informa- 
tion herein  required  shall  be  plainly  printed,  in  English,  with  black  ink.  with  type 
not  smaller  than  eighteen  point  bold-faced,  gothic  capitals,  upon  a  white  label,  which 
shall  be  securely  affixed  upon  the  side  of  such  receptacle. 

Revi  .  -1  Code,  1905  (Penal  Code),  ch.  96  (in  preparation). 

DIRECTIONS  FOR  SAMPLING  AND  LABELING. 

To  all  wholesale  and  retail  dealers  in  dairy  and  food  products  coming  under  the 

dairy  and  food  laws  of  Minnesota: 

In  submitting  samples  for  inspection  to  this  department  we  respectfully  ask  each 
person  to  give  us  all  the  data  possible  concerning  the  articles  submitted,  and  we 
promise  to  use  the  utmost  energy  to  give  a  correct  and  speedy  analysis  of  the  same, 
reserving  the  right,  however,  to  give  our  department  work  the  preference  in  each 
case. 

All  goods  in  dairy  and  food  lines  manufactured  in  the  state  of  Minnesota  are  those 
that  this  department  will  consider  themselves  particularly  interested  in  and  obli- 
gated to  give  the  most  speedy  analysis;  those  manufactured  outside  of  Minnesota  will 
naturally  look  to  their  home  states  for  information.  However,  we  shall  be  pleased 
to  grant  any  favor  consistent  with  the  general  duties  of  this  department 

In  sending  in  samples  for  analysis  to  this  department  of  any  manufactured  product, 
the  following  information  must  be  given  of  each  sample : 

Name  and  location  of  manufacturer.  If  bought  of  jobber,  the  firm  name  and  loca- 
tion.     Be  particular  as  to  this,  and  write  names  plainly. 

Brand  or  name  of  article,  any  representation  by  seller  as  to  quality  or  character  of 
goods. 

To  enable  correct  analysis  to  be  made  not  less  than  the  following  quantities  of  each 
article  should  be  sent: 

Cheese,  not  less  than  six  ounces. 

Butter,  not  less  than  eight  ounces. 

Milk,  not  less  than  four  ounces. 

Cream,  nol  less  than  four  ounces. 

Lard,  not  leSfi  than  lour  ounces. 

Baking  powder,  not  less  than  one  small  can. 

Vinegar,  not  less  than  four  ounces. 

Honey,  nol  less  than  eighl  ounces. 

Spices,  not  less  than  four  ounces. 

Pood  jellies,  not  LeBS  than  one-half  pound,  or  small  original  package. 

Jams,  not  less  than  one-half  pound,  or  small  original  package 
Pn  -  i  ee,  nol  less  than  one-half  pound,  or  small  original  package. 
Beer,  not  lees  than  one  pint. 

Wine,  not   Lesi  than  one  pint. 

Liquor,  nol  less  t  nan  one  pint 
Linseed  oil,  nol  Lees  than  eight  ounces. 
Maple  Byrup,  nol  lees  than  eighl  ounces. 

<  'ami  v,  not   leSE  than  eighl  OUnOdB. 
White  lead,  not  less  than  lour  ounces. 
Mixed  paints,  not  leSS  than  small  can. 


MINNESOTA.  323 

Baking  powder  labels  must  be  in  type  no  smaller  than  this  size. 

BAKING   POWDER  CONTAINS 

Honey  substitute  labels  must  be  printed  in  type  no  smaller  than  this  size. 

HONEY   SUBSTITUTE 


.Maple  sugar  and  maple  syrup  substitute  label-  must  be  printed  in  type  no  smaller 
than  this  size,  12  point  Gothic  capitals. 

THIS    MAPLE    SUGAR 


Jellies,  jams  and  preserves  substitute  labels  must  be  printed  in  type  no  smaller 
than  this  size,  18  point  Gothic  capitals. 

JELLIES  JAMS 


Adulterated  spires  must  be  labeled  "Mixed  and  Adulterated''  in  type  no  smaller 
than  this  size,  _!4  point  Gothic  capitals. 

THIS  SPICE 


Sorghum  substitute  labels  and  also  lard  substitute  labels  must  be  printed  in  type 
no  smaller  than  this  size.  36  point  Gothic  capitals. 


LARD 


Vinegar  stencils  on  barrels  shall  be  printed  with  letters  one-inch  in  length,  on 
casks,  kegs  or  other  wooden  receptacles  oi  less  than  barrel  sue,  one-half  inch  in 
length,  on  jugs,  etc.,  in  type  not  smaller  than  is  point  <  rothic  capitals. 


Linseed  oil   containers  must  be  stenciled  with    letters  not  smaller  than  one  inch  in 

length. 


MISSISSIPPI. 

With  the  exception  of  the  appointment  of  inspectors  by  county  and 
town  authorities,  no  special  provision  is  made  for  tiie  enforcement  of 
the  food  laws  of  this  State. 

GENERAL  FOOD  LAWS. 

952.  Adulteration  of  food,  drugs,  candy,  confects,  and  sweetmeats.  If  any  person 
.shall  manufacture,  sell,  or  keep  or  offer  or  exhibit  for  sale  any  adulterated  food  or 
drug,  as  define  1  by  law;  or  if  any  person  shall  manufacture,  sell,  or  keep  or  offer  or 
exhibit  for  sale  any  candy,  confect,  or  sweetmeat,  in  making  which  any  preparation 
of  lime  or  other  deleterious  substance  is  used,  he  shall,  upon  conviction,  be  lined  not 
exceeding  five  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  more  than 
six  months,  or  both. 

Annotated  Code,  1892,  eh.  29,  p.  311. 

1242.  Oleomargarine  and  other  imitation  food  to  he  branded,  etc.  A  person  who  sells 
or  manufactures,  exposes  or  offers  for  sale  as  an  article  of  food,  any  oleomargarine  or 
other  substance  in  imitation  of  any  article  of  food,  without  disclosing  the  imitation 
by  a  suitable  and  plainly  visible  mark  or  brand,  indicating  and  naming  what  the 
substance  really  is,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
lined  not  Less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or  be  imprisoned 
in  the  county  jail  not  exceeding  one  month,  or  both. 

Annotated  Code,  1892,  ch.  29,  p.  365. 

2095.  The  terms  "food"  and  "drugs"  defined.  The  term  "food"  includes  every 
article  used  as  food  or  drink  by  man;  and  the  term  "drug"  includes  all  medicines 
lor  external  or  internal  use. 

201MJ.  The  term  "food  adulteration'1  defined.  An  article  of  food  shall  be  deemed 
adulterated: 

(a)  If  any  substance  be  mixed  with  it  so  as  to  lower  or  injuriously  affect  its 
quality  or  strength; 

(b)  If  any  inferior  or  cheaper  substance  or  substances  be  substituted  in  whole  or 
in  part  for  the  article; 

If  any  valuable  constituent  of  the  article  be,  in  whole  or  in  part,  abstracted  or 
extracted; 

d\)  If  it  be  an  imitation  of,  or  sold  under  the  name  of,  another  article; 

(e)  if  it  consist,  in  whole  or  in  part,  of  a  diseased  or  decomposed,  or  putrid  or 

rotten  animal  or  vegetable  substance,  w  bethel-  n la n u fact u red  or  not;  or 
i      In  the  Case  of  milk,  if  it  be  the  produce  Of  a  diseased  animal; 

(g)  If  it  be  colored  or  coated,  or  powdered  or  polished,  whereby  damage  is  con 
cealed,  oi  if  it  be  made  to  appear  better-  than  it  really  is,  <>r  of  greater  value;  or 

ii  if  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  injurious  to 
health;  but  this  section  shall  uot  apply  t<>  mixtures  or  compounds  recognised  as 

Ordinal*)   article-  of  food. 

324 


Mississippi.  325 

2097.   Tin  term  "  drug  adulteration"  defined.     A  drug  shall  be  deemed  adulterated : 

(a)  If,  when  sold  under  a  name  recognized  in  the  United  states  pharmacopoeia, 

it  differ  from  the  standard  of  strength,  quality,  or  purity  laid  down  therein. 

(b)  If,  when  sold  under  a  name  not  recognized  in  said  pharmacopoeia,  but  which 
la  found  in  some  other  pharmacopoeia  or  other  standard  work  on  materia  medica,  it 
differ  from  the  standard  of  strength,  quality,  or  purity  laid  down  in  such  work;  or 

(c)  If  its  strength,  quality,  or  purity  fall  below  the  professed  standard  under  which 
it  is  sold. 

8098.  Inspectors  of  food  appointed.  The  board  of  supervisors  of  every  county,  and 
the  mayor  and  board  of  aldermen  of  every  city,  town,  and  village,  respectively,  may 
appoint  and  commission  a  suitable  person  to  be  inspector  of  food,  and  said  board- 
may  direct,  from  time  to  time,  what  kinds  of  food  shall  be  inspected. 

2099.  Regulations  adopted;  i»n<ilt'lt-.<.  The  said  boards  may.  respectively,  make 
and  publish  all  needful  regulations  for  the  government  of  the  inspectors,  and  of 
dealers  in  food,  and  may  enforce  such  regulations  by  proper  penalties,  and  they  may 
prescribe  and  regulate  the  compensation  of  the  inspector  and  his  fees  and  perquisites, 
and  define  his  duties. 

2100.  Oath  <tii>I  bond  of  inspector.  Every  inspector  of  food,  before  he  enters  on  his 
duties,  Bhall  take  and  subscribe  the  following  oath,  to  be  attached  to  his  commission: 

•1.  A    B,  do  swear  (or  affirm)  that,  as  inspector  of  1 1  for  the ,  1  will  not 

knowingly  or  willfully  injure  any  person,  or  suffer  any  injury  to  be  done  by  other-, 
with  my  knowledge  or  consent;  and  I  will,  at  all  times  and  in  all  things,  well  and 

truly  perforin  all  the  duties  of  inspector  of  food   for  the ,  according  to  law,  to 

the  best  of  my  abilities,  without  fraud,  fa\  or.  or  partiality.  So  help  me  ( rod."  And 
he  shall  give  bond,  with  sufficient  sureties,  payable  to  the  county,  city,  town,  or 
village,  in  the  sum  of  live  hundred  dollars,  conditioned  for  the  faithful  performance 
of  his  duties. 

'J  101.  Inspectors  liabl*  as  other  officers.  Every  inspector  of  food  shall  be  liable. 
civilly  and  criminally,  as  other  officers  are.  for  fraud  and  any  malfeasance  or  mis- 
ace  in  office,  and  shall  be  liable  «m  his  bond  for  the  safe-keeping  and  accounting 
for  the  standards  of  weights  and  measures. 

2102.  The  inspector  is  keeper  of  the  standards  of  weights  and  measures.  The  inspector 
of  food  of  any  county,  city,  town,  or  village  Bhall  be  keeper  of  the  standards  of 
weights  and  measures,  and  Bhall  Beal  all  weights  and  measures  brought  to  him  con- 
forming or  conformed  to  the  standards. 

2108.  Instruments  for  gauging  liquors.  In  case  it  be  necessary  or  proper,  the  board 
of  supervisors,  or  the  b  ml  of  mayor  and  aldermen,  shall  BUpply  the  inspector  with 
all  the  necessary  instruments  for  LraiiL:im_r  ami  ascertaining  the  contents  of  vessels  of 
liquor;  and  such  boards  may  direct  and  regulate  the  inspection,  gauging,  and  mark- 
in.:  or  branding  packages  of  liquors,  and  enforce  Buch  regulations. 

2101.  Penalty  for  <>i>i»>smii  the  inspector.  Any  person  who  shall  oppose  or  obstruct 
any  Inspector  of  food  in  the  discharge  of  his  official  duties,  shall,  for  everj  such 
offense,  forfeit  and  pay  two  hundred  dollars,  ami  shall,  moreover,  be  liable  to  an 
action  for  an\  injury  or  damage  that  may  be  sustained  by  any  such  opposition  or 
obstruction. 

2lo").  8aie  of  unsound  provisions;  penalty  for.     If  any  person  -hall  knowingly  sell, 

keep,   or  offer   for    -ale    a-    BOUnd    and    wholesome,   any    tainted,    putrid,    un-ound, 

unwholesome,  or  unmerchantable  provisions,  a-  human  food,  or  -hall  practice  any 

fraud  ion    whereb)    any  BUch    provisions  are   put  off  or  -old,  the  whole  of 

such  provisions,  if  of  value  for  any  purpose,  -hall  be  forfeited  to  the  county  wherein 
the  same  may   be  offered  or  kept   lor  -ale. 

2 106.   i  nder-weight  barrels  of  flour  t  //<<<>/,  pork,  and  beef  forf  •'•  d.    I  f  any  person  shall 

sell,    keep,  or   offer    for   -ale.  .    ot    flour,  meal.  pork,    or    beef,    a-   a    hand 

thereof,  containing  leas  than  the  -tan. laid  weight  net.  he  -hall  forfeit  '«>  the  county 


326  FOODS    A>TD    FOOD    CONTROL. 

all   of  such   under-weight   Hour,   meal,  pork,  or  beef  which  he  may  have  in   his 
possession. 

2107.  Adulterated  food  and  drugs  forfeited.  If  any  person  shall  sell,  keep,  or  offer 
for  sale  any  adulterated  food  or  drug,  the  whole  of  the  adulterated  article  shall  be 

forfeited  to  the  county. 

Annotated  Code,  1S92.  ch.  50,  p.  534. 

ALCOHOLIC  BEVERAGES. 

1000.  If  a  person  shall  sell  any  vinous,  malt,  alcoholic,  intoxicating,  or  spirituous 
liquors  prepared  by  him  or  his  agent,  or  knowing  it  to  be  prepared  according  to  any 
certificate  <»r  formula  for  adulteration,  or  shall  adulterate  the  same,  such  person 
shall  be  subject  to  indictment  therefor,  and,  upon  conviction,  shall  he  imprisoned  in 
the  penitentiary  not  less  that  one  year  nor  more  than  five  years. 

Annotated  Code,  1892,  ch.  37,  p.  430. 


MISSOURI. 

In  response  to  a  letter  of  inquiry,  the  following  statement  was  made 
by  Mr.  Robert  Washburn,  the  State  dairy  commissioner,  who  is 
charged  with  the  enforcement  of  the  dairy  laws: 

We  have  no  general,  comprehensive  pure  food  law.  norany  special  means  of  enforc- 
ing the  special  laws  that  we  do  have,  except  in  the  case  of  dairy  f Is.     The  Missouri 

dairy  commissioner  has  l>een  in  office  only  one  month,  and  has  not  yet  tested  the 
strength  of  our  new  law.  *  *  *  The  standards  for  milk  and  milk  products  pro- 
mulgated by  the  (Tinted  States  Department  of  Agriculture  have  been  adopted.  (See 
Part  I,  p.  13. ) 

GENERAL  FOOD  LAWS. 

22(>(>.  Unwholesome  meat,  bread,  or  drink;  penalty.  Every  person  who  shall  know- 
ingly sell  the  flesh  of  any  animal  dying  otherwise  than  by  slaughter,  or  slaughtered 
when  diseased,  or  shall  sell  the  flesh  as  of  one  animal,  knowing  it  to  be  that  of 
another  Bpecies,  or  shall  sell  unwholesome  bread  or  drink  without  making  the  same 
fully  known  to  the  purchaser,  and  any  butcher  or  other  person  who  shall  sell  or 
offer  to  sell  the  meat  of  any  calf  which  was  killed  before  it  had  attained  to  the  age 
of  six  weeks,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  th< 
shall  be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year. 

*2*2(>7.  Cleanliness  of  food  receptacles.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  use  any  barrel,  lard  tierce,  preserve  or  butter  tub,  having  been  once 
used,  tor  the  purpose  of  packing  or  storing  any  article  of  human  food  therein,  unless 
such  barrel,  lard  tierce,  preserve  or  butter  tub  has  been  thoroughly  cleaned  or  scoured 
before  its  subsequent  use. 

2268.  Penalty.  Any  person  violating  the  provisions  of  the  foregoing  section  shall 
be  deemed  guilty  of  ■  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less 
than  five  dollars  nor  more  than  twenty  dollar.-  for  each  offense,  and  by  the  using  of 
any  single  article  as  before  mentioned  shall  constitute  a  separate  offense. 

2269.  Adulteration  of  food  and  drugs.  Every  person  who  shall  fraudulently  adul- 
terate, for  the  purpose  of  sale,  anything  intended  for  food  or  drink,  or  any  drugs  or 
medicine  shall  be  deemed  guilty  of  a  ini-demt  amir. 

Revised  Statutes,  L899,  vol.  l.  p.  827. 

2286.  Ingredients  prohibited.  It  shall  be  unlawful  for  any  person  or  corporation 
doing  business  in  this  State  to  manufacture,  sell  or  offer  to  sell,  any  article,  compound 
or  preparation,  tor  the  purpose  of  being  used  or  which  is  intended  to  be  used  in  the 

preparation  of  f 1.  in  which  article,  compound  or  preparation,  there  is  any  arsenic, 

calomel,  bismuth,  ammonia  or  alum. 

2287.  Penalty.     \  ny  person  or  corporation  violating  the  provisions  of  section 

-hall    l»e  deemed   guilty  of  B   mi-demeanor  and  shall,  upon   conviction,  be  fined   Dot 

le>-  than  one  hundred  dollars,  which  shall  be  paid  into  and  become  a  part  of  the 

road  fund  of  the  county  in  which  BUCh  fine  i-  collected. 

Revised  Statutes,  1899,  vol.  I,  p.  831. 


828  POODS    AM)    Fool)    CONTROL. 

<>12  7.  (  ities  may  provide  for  inspection  of  animals  intended 'far  food.  All  cities  in  this 
State  are  hereby  empowered  to  provide  by  ordinance  for  the  inspection,  while  living, 
of  all  animals  intended  as  human  food  within  such  cities. 

Revised  Statutes,  1899,  vol.  %  p.  1487. 

ALCOHOLIC  BEVERAGES. 

227S.  Poisonous  ingredients;  penalty.  Any  person  who  shall  adulterate,  by  the 
use  of  strychnine  or  other  poisonous  liquids  or  ingredients,  any  spirituous,  fermented, 
malt  or  vinous  liquors,  or  shall  sell  any  such  liquors  by  retail  or  wholesale,  knowing 
the  same  to  he  adulterated  as  aforesaid  by  or  with  strychnine  or  other  poisonous 
liquids  or  ingredients,  shall  he  deemed  guilty  of  a  felony,  and  upon  conviction  thereof, 
be  punished  by  imprisonment  in  the  penitentiary  not  exceeding  five  years. 

22ss.  Adulterated  hops,  matt,  or  yeast  in  hen-;  penalty.  No  substitute  for  hopsorthe 
pure  extract  of  hops,  or  of  pure  barley  malt  or  wholesome  yeast  shall  be  used  in  the 
manufacture  of  ale  or  beer  in  this  state,  and  all  ale  or  beer  shown  to  contain  any 
substance  used  as  a  substitute  for  hops,  or  pure  extract  of  hops,  or  pun-  barley  malt 
or  wholesome  yeast,  is  hereby  declared  adulterated.  Whoever  manufactures  for  sale 
any  ale  or  beer  adulterated  as  referred  to  in  this  section,  or  sells  or  offers  to  sell  a'ny 
such  ale  or  beer,  knowing  it  to  be  adulterated  as  aforesaid,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a  fine  of  not  less  than  live 
hundred  and  not  more  than  live  thousand  dollars,  or  by  imprisonment  in  the  county 
jail  not  Less  than  one  month  nor  more  than  six  months,  or  by  both  such  tine  and 
imprisonment. 

2289.  Liquor  dealers*  oath  and  bond.  It  shall  not  be  lawful  for  any  person  or  persons 
to  sell  or  offer  to  sell  any  spirituous,  fermented,  malt  or  alcoholic  liquors  within  this 
Btate  until  he.  <\\i'  or  they  shall  first  appear  before  the  county  court  clerk  of  the 
county  where  such  liquors  are  to  be  sold  or  offered  for  sale,  and  take  and  subscribe 
an  oath  not  to  mix  or  adulterate,  with  any  substance  whatever,  the  liquors  offered 
for  sale,  and  give  bond  in  the  sum  of  five  hundred  dollars,  with  good  and  sufficient 
surety,  for  the  payment  of  all  costs  arising  from  prosecutions  for  violations  of  the  pro- 
visions of  this  article  in  relation  to  the  adulteration  and  sale  of  intoxicating  liquors. 

2290.  Liquor  manufacturers'  oath.  It  shall  not  be  lawful  for  any  person  or  persons 
to  manufacture  or  rectify  any  spirituous,  fermented,  malt  or  alcoholic  liquors  within 
the  limits  of  this  Btate  until  he,  she  or  they  shall  first  appear  before  the  county  court 

clerk  of  the  county  where  such  liquors  are  proposed  to  be  manufactured  or  rectified, 

and  take  and  subscribe  an  Oath  not  to  adulterate,  or  suffer  to  be  adulterated,  any 
liquors  manufactured  or  rectified  by  themselves  or  agents. 

2*201.  Liquor  dealers'  affidavit,  lief  ore  any  person  or  copartnership  of  persons  shall 
be  authorized  to  sell  intoxicating  liquors  be,  she  or  they  shall  file  with  the  clerk  of 
the  county  court,  in  the  county  where  it  is  desired  to  sell  the  same,  an  affidavit  to 
the  following  effect,  to  wit: 

I.  A  B,  do  solemnly  swear  that  1  will  not  mix  or  adulterate,  with  any  poisonous 
ace  whatever,  any  distilled  or  fermented  liquors,  or  any  composition  of  which 

distilled   or   fermented     liquors   form   a   part,    nor   will    1    mix    the  different    kinds  of 

liquors  together  for  the  Bake  of  profit,  nor  dilute  the  same  with  water,  nor  will  I 
permit  the  same  to  be  done. 

2202.  Penalty.  If  any  person  or  persons  shall  sell  any  Bpirituous,  fermented,  malt 
or  alcoholic  liquors  in  violation  of  or  without  complying  with  the  three  next  pre- 
ceding sections,  he  or  they  -hall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion be  punished  by  a  fine  of  not  less  than  iift\  aoi  more  than  five  hundred  dollars. 

2298.  Druggists,  etc.,  i  rempt.  Nothing  herein  shall  be  so  construed  as  to  prevenl 
druggists,  physicians  or  persons  engaged  in  the  mechanical  arts  fr mixing  and 


Missouri.  329 

adulterating  liquors  for  medicinal  or  mechanical  purposes  to  be  by  them  used  in 
their  business. 

221)4.  Summons  by  grand  jury.  The  grand  jury  may  send  for  persons  or  papers  in 
cases  where  they  may  be  of  the  opinion  that  any  person  or  persons  have  been  guilty 
of  violating  any  of  the  provisions  of  sections  2278,  2279,  2288,  2289,  2290,  2291,  2292 
and  2293. 

Revised  Statutes,  1899,  vol.  1,  p.  632. 

7<>s2.  Sec.  l .  )  Appointment  of  inspector  of  beer  and  malt  products.  There  is  hereby 
created  the  office  of  beer  inspector  which  shall  be  filled  by  appointment  by  the 
governor  by  and  with  the  consent  of  the  senate,  within  thirty  days  after  the  taking 
effect  of  this  act,  an  inspector  of  beer  and  malt  products,  who  shall  serve  for  a  term 
of  four  years  and  until  his  successor  is  duly  appointed  and  qualified.  He  shall  be 
an  expert  beer  brewer  and  a  citizen  of  the  United  States  and  of  this  state  for  more 
than  two  years  next  prior  to  his  appointment.  He  shall  give  a  bond  in  the  sum  of 
twenty-five  thousand  dollars,  to  be  approved  by  the  governor,  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

7(>s:{.  (Sec.  2.  |  Deputies  and  clerical  help.  Said  inspector  shall,  with  the  approval 
of  the  governor,  appoint  such  deputies  as  may  be  required  to  carry  out  the  provisions 
of  this  article,  not  to  exceed  four  in  number,  and  such  clerical  help  as  may  be  neces- 
sary. Said  deputies  shall  each  receive  for  their  services  the  sum  of  fifteen  hundred 
dollars  per  annum,  and  said  inspector  -hall  receive  the  Bum  of  three  thousand  dollars 
per  annum,  all  salaries  and  expenses  to  be  paid  out  of  the -urns  of  money  now.  or 
that  may  hereafter  be,  appropriated  for  said  purpose. 

7(>s4.  m.i.  :;.  i  Inspection  of  beer  obligatory.  Everyperson,  persons  or  corporation 
w  ho  shall  erect  or  keep  a  brewery  for  the  manufacture  or  brewing  of  beer  or  other 
malt  products  within  this  state,  for  the  purpose  of  offering  the  same  for  sale,  shall 
cause  the  same  to  be  inspected  by  the  said  state  inspector. 

7<»V>.  Sec.  L)  Ust  of  chemicals,  unwholesome  yeast,  etc.  prohibited.  No  person, 
persons  or  corporation,  engaged  in  the  brewing  or  manufacture  of  beer  or  other  malt 
liquors,  shall  use  any  substance,  material  or  chemical  in  the  manufacture  or  brew  ing 
of  beer  or  other  malt  liquors,  other  than  pure  hops  or  pure  extract  of  hops,  or  of 
pure  barley,  malt,  or  wholesome  yeast,  or  rice. 

7<>s(».  (Sec.  5.)  Imported  malt  liquors  to  )•<  inspected  and  affidavit  made  as  topurity; 
labels  and  fees.  Every  person,  persons  or  corporation  who  shall  receive  for  sale  or 
offer  for  .-ale  any  beer  or  other  malt  lienors  other  than  those  manufactured  in  this  State 
shall,  upon  receipt  of  Barae,  and  before  offering  for  sale,  notify  the  inspector,  who 
shall  be  furnished  with  a  sworn  affidavit,  subscribed  by  an  officer  authorized  to 
administer  oaths,  from  the  manufacturer  thereof,  or  other  reputable  person  having 
actual  knowledge  of  the  composition  of  said  beer  or  other  malt  liquors,  that  no  mat. 
rial  other  than  pure  hops  or  the  extract  of  hops,  or  pure  barley,  malt  or  wholesome 
or  rice,  was  used  in  the  manufacture  <»f  same;  upon  the  receipt  of  said  affida- 
vit, the  inspector  shall  inspect  and  label  the  packages  containing  said  beerormal( 
liquors,  for  which  sen  ices  he  shall  receive  like  fees  as  those  imposed  upon  the  manu- 
facturers of  beer  and  malt  liquors  in  this  Btate. 

7i»s7.  8»  B.  Records  and  report  of  inspector.  The  inspector  appointed  under  thU 
article  shall  provide  himself  with  an  office,  and  shall  record  on  books  kept  for  that 

purpose  the  names  and  place-  of  business  of  all  persons  engaged  in  the  manufacture. 

brewing  and  sale  of  beer  and  malt  liquors      Me -hall  keep  a  record  of  all  beer  and 

malt  I i. | nor-  manufacture. I,  hivw  e. I  orsold  and  the  ai Hit  produced  l.\  each  hrew.  r\ 

or  manufacturer,  or  sold  by  dealer.     He  -hall  keep  a  record  of  all  fees  collected  and 

all  expenditures  incurred,  and  shall    make  a  lull  and   complete  report  of  the  -aim    to 

ivernor  upon  the  first  day  of  each  j car. 


330  FOODS    AND    FOOD    CONTROL. 

7<>^v     Sec.  7.)  All  malt  products  to  be  inspected  and  labeled.     It  shall  be  the  duty  of 

each  inspector  to  cause  to  be  inspected  all  beer  or  other  malt  liquors  brewed  or 
manufactured  or  sold  in  this  state,  and  if  he  shall  find  that  such  beer  or  other  malt 
liquor  has  been  made  from  pure  hops  or  the  pure  extract  of  hops,  or  of  pure  barley, 
malt  or  wholesome  yeast,  or  rice,  to  place  upon  the  package  containing  such  beer  or 
malt  liquor  his  label,  certifying  that  the  same  has  been  inspected  and  made  from 
wholesome  ingredients. 

7689.  (Sec.  7a.)  State  treasurer  to  furnish  labels,  etc  It  shall  be  the  duty  of  the 
state  treasurer  upon  the  taking  effect  of  this  article  to  provide  suitable  and  inimitable 
state  certificates  and  labels  for  this  inspection,  gauging  and  labeling,  having  on  each 
proper  places  for  countersigning  by  the  state  treasurer  and  inspector,  and  shall  Bafely 
keep  the  same  together  with  the  plates  used  in  making  them,  when  not  in  actual 
use.  The  state  treasurer  shall  from  time  to  time,  upon  demand,  deliver  the  afore, 
said  labels  to  the  inspector,  taking  therefor  his  receipt,  and  shall  charge  said  inspector 
with  the  same;  and  shall  from  time  to  time  as  said  inspector  makes  returns  of  moneys 
collected  in  the  course  of  his  inspection  credit  said  inspector's  account  with  such 
sums,  and  shall  keep  a  true  and  correct  book  account  of  his  dealings  with  said 
inspector. 

7090.  (Sec.  7b.)  Fraudulent  use  of  inspector' s  labels;  penalty.  It  shall  be  unlawful 
for  any  person  to  attempt  to  make  or  make,  to  attempt  to  sell  or  Bell,  or  attempt  to 
use  or  use  any  of  the  certificates  or  labels  or  both  provided  for  by  this  article,  or 
imitations  thereof,  except  such  persons  as  by  law  are  allowed  to  make,  sell  and  use 
the  same,  and  any  person  so  offending  shall  be  deemed  guilty  of  a  felony,  and,  upon 
conviction,  be  punished  by  imprisonment  in  the  penitentiary  for  a  term  not  to  exceed 
live  years. 

7691.  (Sec  8.)  Inspector's  fees;  "package"  defined.  The  inspector  shall  be  entitled 
to  receive  for  inspecting  and  gauging  one  cent  for  each  gallon  contained  in  each 
package,  and  two  cents  for  labeling  each  package.  All  fees  received  by  the  inspector 
shall  he  paid  into  the  state  treasury.  The  word  package,  as  used  in  this  article, 
shall  be  construed  to  mean  any  vessel  of  any  kind  other  than  pint  and  quart  bottles 
in  which  any  beer  or  malt  liquor  may  be  placed  for  sale,  containing  eight  gallons  or 
when  said  beer  or  malt  liquors  are  placed  in  pint  or  quart  bottles,  a  package, 

as  used  in  this  article,  shall  be  construed  to  mean  not  to  exceed  forty-eight  pint 
bottles  or  24  quart  bottles  of  beer  or  malt  liquors,  which,  when  manufactured  and 
so  bottled  must,  before  sale,  be  placed  in  suitable  eases  containing  said  number  and 
size  of  bottles,  for  inspection  and  stamping  by  said  state  inspector;  and  when  said 
beer  or  mall  liquors  shall  be  placed  in  vessels  containing  more  than  eight  gallons, 
the  word  package  shall  he  construed  to  mean  each  eight  gallons  OT  fractional  part 
thereof  SO  contained  in  said  vessel. 

7(>92.  (Sec.  9.  I  Expenses,  salaries,  etc.;  disposal  of  fines.  The  expense  of  said  office, 
including  the  salaries  of  the  inspector  and  his  deputies,  shall  be  paid  monthly  out  of 
the  amount  appropriated  by  law  from  the  general  revenue  fund  on  warrants  draw  ii 
by  the  state  auditor  on  vouchers  approved  by  the  inspector,  and  all  fees  received  i>> 
the  inspector  under  the  provisions  of  this  article  shall,  on  or  before  the  last  daj  of 
each  month,  be  paid  into  the  Btate  treasury  by  said  inspector,  and  shall  be  placed  to 
tin-  credit  of  the  general  revenue  fund. 

7(J1K{.  Sic  io.i  SaU  of  uninspected  malt  products;  penalty.  Any  person  who  shall 
sell  any  beer  or  malt  liquors  within  this  state  which  has  not  been  inspected  accord- 
ing to  the  provisions  of  this  article,  or  contained  in  packages  which  shall  not  have 
upon  them  the  certificate  of  tin- -tan-  inspector,  or  any  person  shall  fail  to  destroy 
said  certificate  or  label  after  the  contents  of  said  package  are  disposed  of,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  punished  by 
a  tine  not  exceeding  five  hundred  dollar-,  or  by  imprisonment  in  the  county  jail  for 

a  period  of   not    lest  than  six   months,  and  in  addition  thereto  shall    ha\e  his  license 


MISSOURI.  331 

or  other  authority,  giving  him  the  right  to  manufacture  or  sell  said  liquors  in  this 
state  revoked,  and  shall  not  again  receive  any  such  license  or  other  authority  for  a 
period  of  two  years  thereafter. 

7<W4.  Sec.  11.)  Punishment  of  delinquent  inspector.  If  any  inspector  shall  fail  to 
perform  any  of  the  duties  imposed  upon  him  by  this  article.  or  shall  in  any  maimer 
violate  any  of  the  provisions  thereof,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  he  punished  by  imprisonment  in  the  county  jail 
for  not  less  than  thirty  days  and  by  a  tine  not  exceeding  one  thousand  dollars,  and 
if  any  said  inspector  shall  fail  to  faithfully  perform  the  duties  enjoined  upon  him  by 
this  article  he  may  be  removed  from  office  by  the  governor. 

7(>l)o.  (Sac.  12.)  Prosecutions.  All  prosecutions  for  fines  and  penalties  under  the 
provisions  of  this  article  shall  be  either  by  indictment  or  information  in  any  court 
of  competent  jurisdiction;  and  when  collected  shall  be  paid  one-fourth  to  the 
informer  and  three-fourths  into  the  fund  for  the  construction  of  public  roads  and 
highways  in  the  county  in  which  said  offense  may  have  been  committed  and 
prosecution  begun. 

7<>!M>.  (Sec.  13.)  Inspection  of  exported  maU  products.  All  beer  or  other  malt  liq- 
uors manufactured  in  the  state  and  exported  outside  of  the  state  for  -ale,  shall  be 
inspected  as  other  liquors  designated  in  this  article,  but  said  inspection  shall  be  fne 
of  c  >st  to  manufacturer. 

7697.  (Sec.  18a. )  Duplicate  bill  of  lading  to  be  furnished  by  transportation  companies; 
penalty  Every  railroad,  express  or  transportation  company,  shall,  when  requested, 
furnish  to  the  inspector  a  duplicate  bill  of  lading  or  receipt  showing  the  name  of  the 
consignor  and  consignee,  date,  place  received,  destination  and  quantity  of  beer  or 
malt  liquors  received  by  them  for  shipment  to  any  point  within  this  state.  Upon 
failure  to  comply  with  the  provisions  herein,  said  railroad,  express  or  transportation 
company  shall  forfeit  and  pay  to  the  state  of  Missouri  the  sum  of  fifty  dollars  for 
each  and  every  failure,  to  be  recovered  in  any  court  of  competent  jurisdiction.  The 
inspector  herein  provided  for,  is  hereby  authorized  and  empowered  to  sue  in  his  own 
name  at  t  he  relation  and  to  tin-  use  oi  the  state.  The  penalties  collected  shall  be 
paid  into  the  state  treasury. 

■  .  14.)  Appropriation.  There  is  hereby  appropriated  out  of  the  state  treasury, 
chargeable  to  the  general  revenue  fund,  for  the  years  L899  and  1900,  for  the  pay  of 
the  inspector,  six  thousand  dollars;  tor  the  pay  of  four  deputies,  twelve  thousand 
dollars;  for  rent,  stationery,  fuel,  printing,  and  such  other  things  HF  may  he  neces- 
sary for  the  transaction  of  the  business  of  said  inspector,  the  sum  of  six  thousand 
dollars. 

Approved.  May  I.  1899.  Laws  of  1899,  pp.  228  231:  Revised  Statutes,  L899,  vol.  2, 
PP.  1792  1795. 

BREAD. 

10089.  Sanitation.  All  rooms  or  buildings  occupied  as  buscuit,0  bread  or  cake 
bakeries  shall  be  drained  and  plumbed  in  a  manner  to  conduce  to.  the  proper  and 

healthful  sanitary  condition  thereof,  and  constructed  with  air-shah-,  windows  or 
ventilating  pipes,  sufficient  t  i  insure  ventilation.     The  furniture  and  utensils  in  such 

rooms  shall  be  bo  arranged  that  the  furniture  and  Boor  may  at  all  times  be  kept  in  a 
proper  and    healthful   sanitary  c«  unlit  ion.  and    no  watcr-cL-et.  e.irt  h  ei,  ,-et.  pr;  | 

ash  pit  shall  be  within  or  communicate  directly  with  the  bake  room. 

10090.  Storage.  The  manufactured  Hour  or  meal  products  shall  be  kepi  in  per- 
fectly clean,  dry  and  properly  ventilated  rooms,  so  arranged  that  the  floor,  shelves 
and  all  facilities  for  storing  mnie  can  be  easily  and  perfect!)  cleaned. 

10091.  Sleeping  apartnu  >  Phe  sleeping  apartments  for  the  peraom 
employed  in  ba                 onfectionerj  establishments  shall  be  separate  and  distinct 


-     in  Statutes. 


332  FOODS  AND  FOOD  CONTROL. 

• 

from  the  room  or  rooms  used  for  manufacture  or  storage  of  flour  or  meal  products  or 
for  the  storage  of  flour,  meal  or  other  articles  used  in  the  manufacture  or  preparation 
of  such  product. 

10002.  Diseased  persons  not  to  work  in  bakeries.  No  employer  shall  knowingly 
require,  permit  or  suffer  any  person  to  work  in  his  hake-shop  who  is  affected  with 
consumption  of  the  lungs,  or  with  scrofula  or  any  communicable  disease,  and  every 
person  is  hereby  required  to  keep  himself  in  a  cleanly  condition  while  engaged  in  the 
manufacture  or  handling  of  such  product-. 

10093.  Penalty.  Any  person  who  violates  any  of  the  provisions  of  this  article, 
or  refuses  to  comply  with  the  requirements  thereof,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction,  shall  be  punished  by  a  fine  of  not  less  than  ten  or 
more  than  one  hundred  dollars. 

10094.  Duty  of  labor  commissioner.  It  shall  be  the  duty  of  labor  commissioner  or 
his  deputy  to  see  that  the  provisions  of  this  article  are  carried  into  effect,  and  it  is 
hereby  made  the  duty  of  the  prosecuting  attorneys  of  each  county  or  city  in  this  state 
to  lend  all  possible  aid  in  all  prosecutions  for  violations  of  any  of  the  provisions  of 
this  article. 

10095.  Artie/,  to  be  posted.  A  copy  of  this  article  shall  be  kept  conspicuously 
posted  in  every  bake-shop  or  confectionery  establishment  in  this  State. 

Revised  Statutes  1899,  vol.  2,  ch.  161,  art.  4,  pp.  234&-2349. 

(ANDY. 

2270.  Injurious  ingredients.  No  person  shall,  by  himself,  his  servant  or  agent,  or 
as  the  servant  or  agent  of  any  other  person  or  corporation,  manufacture  for  sale,  or 
knowingly  sell  or  offer  to  sell,  any  candy  adulterated  by  the  admixture  of  terra  alba, 
barytes,  talc  or  any  other  mineral  substance,  by  poisonous  colors  or  flavors,  or  other 
ingredients  deleterious  or  detrimental  to  health. 

2280.  Penalty.  Whoever  violates  any  of  the  provisions  of  section  2279  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars  ($100.00)  nor  less  than  fifty 
dollars  ($50.00).  The  candy  so  adulterated  shall  be  forfeited  and  destroyed  under 
direction  of  the  court. 

2281.  State  prosecuting  attorneys.  It  is  hereby  made  the  duty  of  the  prosecuting 
attorneys  of  this  state  to  appear  for  the  people  and  to  attend  to  the  prosecution  of  all 
complaints  under  section  2279  in  all  the  courts  in  their  respective  counties. 

Revised  Statutes,  L899,  vol.  L,  p.  830. 

DAIRY   PRODUCTS. 

22  70.  Imitation  butter and  cheese  to  be  so  labeled;  /><u>i/ti/.  Whoever  manufactures  out 
of  any  oleaginous  Bubstances,  or  any  compounds  of  the  same,  resembling  butter  in 
appearance,  manufactured  from  cattle  tat  or  hog  fat,  or  such  substances  heretofore 
know  ii  as  oleomargarine,  oleo,  oleomargarine  oil,  butterine,  lardine,  suine  and  neu- 
tral, all  lard  extracts  and  tallow  e\t  racts,  and  all  mixtures  and  * ipounda  of  tallow, 

beef  tat,  .-net,  lard,  lard  oil,  vegetable  oil,  annatto  and  other  coloring  matter,  intesti- 
nal tat  and  offal  fat,  other  than  that  produced  from  unadulterated  milk  or  cream  from 
ih«'  same,  any  article  designed  to  take  the  place  of  butter  or  cheese,  produced  from 

pure  unadulterated   milk  or  cream  of  the  same,  or  any  article  made  in  imitation  of 

butter,  or  when  bo  made  calculated,  or  Intended  to  be  Bold  a-  butter  or  for  butter, 
unless  —:t i *  1  manufacturers  shall  pack  said  imitation  substitute  in  firkins,  tubs  or 
wooden  or  paper  packages,  with  the  true  name  of  said  imitation  substitute  clearly  and 

indelibly  branded,  marked  or  labeled  thereon,  or  w  I ver  shall  sell  or  offer  for  sale 

the  same  as  ;m  article  of  food,  unless  -aid  imitation  snhst it ute  is  properly  packed  in 
firkins,  tabs  or  wooden  or  paper  packages,  \\  ith  the  true  name  of  said  imitation  bud- 


Missouri.  333 

stitute  clearly  and  indelibly  branded,  marked  or  labeled  thereon  shall  be  guilty  of  a 
misdemeanor,  and  shall  on  conviction  thereof  be  confined  in  the  county  jail  not 
exceeding  one  year,  or  fined  not  exceeding  one  thousand  dollars,  or  both. 

2277.  Use  of  imitation  butter  in  hotels,  etc.;  penalty.  Any  hotel  or  boarding  house 
keeper  in  this  state  who  shall  set  before  his  guests  at  any  meal  any  compound 
resembling  butter  in  appearance,  manufactured  from  cattle  fat  or  hog  fat,  or  each  other 
articles,  known  to  the  trade  as  oleomargarine  and  shall  not  clearly  and  legibly  mark 
the  vessel  in  which  such  compound  is  served  with  the  words  "oleomargarine 
"impure  butter"  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  fined  in  a  sum  of  not  less  than  one  hundred  nor  more  than  five  hundred  dollars. 

Revised  Statutes  1899,  vol.  1,  p.  629. 

474-4.  Imitation  butter  defined.  Pdr  the  purpose  of  this  article  every  article,  substi- 
tute or  compound,  other  than  that  produced  from  pure  milk,  or  cream  from  the  same. 
made  in  the  semblance  of  butter  and  designed  to  be  used  as  a  substitute  for  butter 
made  from  pure  milk,  or  cream  from  the  same,  is  hereby  declared  to  l>e  imitation 
butter. 

474.K    Animal  fat,  rnjetahl, oil.  ami   mloriiaj    matter  in .  hntft  f  substitutes.       No   person 

shall  combine  any  animal  fat  orvegetable  oil  or  other  substance  with  butter,  or  com- 
bine therewith  or  with  animal  fat  or  vegetable  oil  or  combination  of  the  two,  or  with 
either  one,  any  other  substance  or  substances  whatever,  any  annatto  or  compound  of 
the  same,  or  any  other  substance  or  substances  for  the  purpose  or  with  the  effect  of 
imparting  thereto  a  yellow  color,  or  any  shade  of  yellow,  s<>  that  such  substitute  shall 
resemble  yellow  or  any  shade  of  genuine  yellow  butter,  nor  introduce  any  such  col- 
oring matter  or  such  substance  or  substances  into  any  of  the  articles  of  which  the 
nine  is  composed:  Provided,  Nothing  in  this  article  shall  be  construed  to  prohibit 
the  use  of  salt  ami  harmless  coloring  matter  lor  coloring  the  substitutes  for  butter 
manufactured  for  export  or  sale  outside  the  state.  No  person  -hall,  by  himself,  his 
agents  oremplo)  ess,  produce  Or  manufacture  any  BUbstance  in  imitation  ..r  semblance 
of  natural  butter,  nor  sell,  nor  keep  for  sale,  nor  offer  for  sale,  any  imitation   butter 

made  or  manufactured,  compounded  or  produced  in  violation  of  this  section,  whether 

such  imitation  butter  shall  be  made  or  produced  in  this  state  or  elsewhere.  Thi- 
section  -hall  not  be  construed  to  prohibit  the  manufacture  and  sale,  under  the  regu- 
lations hereinafter  provided,  of  substances  designed  to  be  used  as  a  substitute  for 
butter,  and  n<»t  manufactured  or  colored  as  herein  prohibited. 

1710.  Brand  for  butter  substitutes.  Every  person  who  lawfully  manufactures  any 
substance  designed  to  be  used  a-  a  substitute  for  butter  shall  mark,  by  branding, 
stamping  or  stenciling  upon  the  top  and  side  ot  each  tub,  firkin,  box  or  other  pack- 
age iii  which  >uch  article  shall  be  kept,  and  in  which  it  shall  be  removed  from  the 

place  where  it  i-  produced  in  a  clean  and  durable  manner,  in  the  English  language, 
the  words  "Substitute  for  butter/'  in  printed  letter-,  in  plain  Roman  type,  each  of 
which  shall  not  be  less  than  one  mch  in  length  and  one-hall  inch  in  width. 

4747.   TransporktmonoJ  unbranded  butter  substitutes  prohibited.     No  person,  by  him- 
-eh  ..r  another  shall  ship,  consign  or  forward  by  anj  common  carrier,  w  aether  public 
or  private,  any  substance  designed  to  in-  aged  .t-  a  substitute  for  butter,  and  no  a 
shall  knowingly  receive  the  same  for  the  purpose  of  forwarding  or  transporting  unless 

it  -hall    he  manufactured   and    marked  a<    provided    in  the    preceding  Section  of  this 
article,  and  unlesn  it  be  consigned  by  the  carrier  and    receipted  for  DJ   it-  true  name: 
Provided,  That  tin-  article  -hall  not  apply  t<»  an>  goods  m  tran-it  between  I 
state-  a.ro--  the  state  ol  Missouri. 

171s.  I'nsstsxion  <  if  nnmarkxl  laifti  r  .-nihstitn/,  s  V,  |>er-onshall  have  in  hi-  posses- 
sion or  under  hi-  control,  an\  -nh-tance  designed  to  be  used  ass  substitute  for  butter, 

mile--   the   tub,    lirkin,    DOS  or  other   package  containing   the  -ame   be   clearly  and 
10943    No.  80,  pt  I— oo 6 


334  FOODS    A XI)    Fool)    CONTROL. 

durably  marked,  as  provided  by  section  4747  of  this  article:  Provided,  That  this  section 
shall  not  be  deemed  to  apply  to  persons  who  have  the  same  in  their  possession  for 
the  actual  consumption  of  themselves  and  family.  Every  person  having  in  possession 
or  control  of  any  substance  designed  to  be  used  as  a  substitute  for  butter,  which  is 
not  marked  as  required  by  the  provisions  of  this  article,  shall  be  presumed  to  have 
known  during  the  time  of  such  possession  or  control,  the  true  character  and  name,  as 
fixed  by  this  article  of  such  product. 

4741).  Substitute  butter  told  as  genuine.  No  person,  by  himself  or  another,  shall  sell 
or  offer  for  sale  any  substance  designed  to  be  used  as  a  substitute  for  butter  under 
the  name  of  or  under  the  pretense  that  the  same  is  butter. 

4750.  Penalties.  Every  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  sections  4745,  474»>,  4747,  474S,  and  4749  of  this  article  shall  forfeit  and 
pay  to  the  state  of  Missouri,  for  the  use  of  the  school  fund  for  every  such  violation, 
the  sum  of  fifty  dollars  and  costs  of  suit,  to  be  recovered  by  civil  action  in  the  name 
of  the  state  of  Missouri  on  the  relation  of  any  person  having  knowledge  of  the  facts 
before  any  justice  of  the  peace  of  the  city  or  county  where  such  violation  occurs  or 
any  other  court  of  competent  jurisdiction,  subject  to  appeal  to  the  circuit  court,  as 
in  other  cases;  and  it  is  further  enacted  that  every  person,  firm  or  corporation  who 
shall  violate  the  provisions  of  this  article,  in  addition  to  the  civil  liability  of  the  state 
of  .Missouri  herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  for 
the  first  offense  be  punished  by  a  fine  of  not  less  than  fifty  dollars  ($50.00)  nor  more 
than  one  hundred  dollars  (8100.00)  or  by  imprisonment  not  exceeding  thirty  days, 
and  for  each  subsequent  offense,  by  a  line  of  not  less  than  two  hundred  and  fifty 
dollars  ($250.00)  nor  more  than  live  hundred  dollars  ($500.00)  or  by  imprisonment 
in  the  county  jail  not  less  than  thirty  days,  nor  more  than  six  months,  or  by  both 
sued  fine  and  imprisonment,  in  the  discretion  of  the  court. — As  amended  March  I'.K 
1901;  Laws  ofl90T,  ]>.  44- 

4751.  CertificaU  of  analysis.  A  certificate  of  an  analysis  of  any  dairy  product  or 
adulteration  or  imitation  thereof,  when  duly  signed  by  a  professor  of  chemistry  con- 
nected with  any  of  the  departments  of  the  state  university  or  experiment  station 
shall,  when  acknowledged  by  any  person  authorized  to  administer  an  oath,  he 
received  in  the  courts  of  this  state  as  prima  facie  evidence  of  the  facts  stated  therein, 
in  all  civil  actions,  as  provided  for  in  section  4750  pf  this  act.  -  As  amended  March  //', 
1901;  Laws  of  1901,  p.  44- 

4752.  Party  to  violation  can  not  bring  suit.  No  action  can  be  maintained  on  account 
of  any  sale  or  other  contract  made  in  violation  of  or  with  intent  to  violate  this  article, 
by  or  through  any  person  who  was  knowingly  a  party  to  such  wrongful  sale  or  other 
contract. 

475.*{.  Removal  of  marks,  etc.  Whoever  shall  efface,  erase,  cancel  or  remove  any 
mark  provided  for  by  this  article,  with  intent  to  mislead,  deceive,  jor  to  violate  an) 

of  the  provisions  of  thi-  article,  shall  lie  deemed  guilty  of  a  misdemeanor 

4754.  Enforcement  of  law.  The  state  board  of  agriculture  shall  he  and  is  hereby 
charged  with  the  enforcement  of  this  article:  Provided,  That  all  tines  collected  under 
the  provisions  of  this  article  -hall  he  paid  into  the  state  treasury,  actions  under 
this  article  shall  he  brought  in  any  court  of  competent  jurisdiction. 

4755.  "Skimmed  milk"  -</•  "  notfuUrcream  "  cheest  must  i»  so  labeled.  No  person  "i 
persons,  corporation,  compan}   or  other  association  or  congregation  of  individuals 

-hall  manufacture,  sell  or  offer  lot  sale  directly  or  indirectly,  at  retail  or  at  whole- 
sale in  this  State  an)  article  to  be  known  or  denominate*  I  cheese,  not  made  from  pure 

cream  or  unskimmed  milk  or  cream  of  the  milk,  unless  such  person  or  persons,  cor- 
poration, company  or  association  of  individual!  manufacturing  the  same,  or  offering 
the  same  for  sale,  or  selling  the  same,  shall  brand  or  label  such  cheese  or  article  so 
offered  for  sale  denominated  a  cheese,  with  black  letters  not  less  than  one  inch  in 
lengtlj  in  a  conspicuous  place  and  "i  large  size,  in  the  English  lengnage,  as  follows; 


fciesoimt.  335 

"Skimmed  milk  cheese, *'  or  with  the  words  "not  full  cream  cheese,"  giving  the 
true  uame  of  such  article  railed  cheese  bo  manufactured  or  offered  for  sale,  clearly 
and  indelibly  branded,  marked  of  labeled  there.. n.  so  that  the  same  can  be  distinctly 
read  and  fully  comprehended  at  all  stores  oil  places  or  factories;  where  the  same  may 
be  offered  for  sale. 

47.")(J.  u Skimmed  milk  cheest  "  and  lifuUreream  cheese"  defined.  All  cheese  manu- 
factured, sold  or  offered  for  sale  in  this  state  at  retail  or  wholesale  made  from  milk 
or  cream  of  same,  which  testa  not  less  than  three  per  cent  of  batter  fat,  shall  be 
deemed  to  be  a  full  cream  cheese;  and  all  cheese  manufactured,  sold  or  offered  for 
sale  at  any  place  or  in  any  manner  by  any  person  or  persons  in  this  state  at  retail  <>r 
wholesale  made  from  milk  or  cream  of  Bame  testing  less  than  three  per  cent  of 
butter  fat  shall  be  deemed  •"skimmed  milk  cheese.'"  or  cheese  oot  made  from  pure 
unskimmed,  unadulterated  milk  or  cream  of  same. 

4-7.>7.  Penalty.  Any  person  or  persons  who  shall  violate  any  of  the  provisions  of 
section  4755  or  4756  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof  in  any  court  of  competent  jurisdiction,  be  confined  in 
the  county  jail  not  exceeding  one  year,  or  lined  not  less  than  $10  nor  exceeding 
$500,  or  both. 

4T.>s.  Transportation  of  "skimmed  mi//:"  and  not  "/'"//  cream"  cheese;  penalty.  No 
person  by  himself  or  another  shall  ship,  consign  or  forward  by  any  common  carrier, 
whether  public  or  private,  any  substance  designed  to  be  used  as  a  cheese,  not  made 
from  pure,  unskimmed  milk  or  cream  of  the  same  testing  at  least  three  per  cent  batter 
fat.  unless  such  cheese-  IS  marked  or  Labeled  "skimmed  milk  cheese.'"  or  with  the 
words  '"not  full  cream  cheese"  labeled  thereon:  Provided^  That  this  article  shall  not 
apply  to  any  goods  in  transit  between  foreign  states  across  tic-  state  of  Missouri. 
Any  person  violating  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  a  sum  not  less  than  $10  nor  more  than  $500. 

HV.K  Party  /<>  violation  of  law  may  not  bring  suit.  No  action  can  be  maintained  on 
account  of  any  sale  or  other  contract  made  with  the  manufacturer  or  person  offering 
any  cheese  for  sale  in  violation  of  or  with  intent  to  violate  this  article  by  or  through 
an\  person  who  is  knowingly  a  party  to  auch  wrongful  sale,  or  other  contract  for  the 
sale  of  unbranded  skimmed  milk  cheese  or  cheese  not  full  cream  che 

4  7(50.  lo  moval  of  labels,  etc.;  /»  natty.  Whoever  shall  efface,  erase,  cancel  or  remove 
any  marks  oi  label  on  any  such  article  or  cheese,  provided  for  by  this  article,  with 
intent  to  mislead,  deceive  or  to  violate  any  of  the  pro\  isiona  of  this  article,  -hall  be 
deemed  guilty  of  a  misdemeanor,  and.  on  a  conviction,  be  lined  in  a  sum  not  less 
than  •<><>  nor  more  than  $500. 

47<>1.  Enforcement  of  law.     The  state  board  of  agriculture  shall  be  and  is  hereby 

charged  with  the  enforcement  of  this  article:  Provided,  that  all  tines  collected  under 
the  pn  «\  isions  of  this  article  shall  be  paid  into  the  Btato  treasur  J  .  Action  under  this 
article  may  lie  brought  by  information  or  indictment  in  an\  court  of  competent 
jurisdiction. 

Re  vised  Statutes,  1899,  vol.  2,  arts.  5  and  6,  pp.  1129  1131. 

6166.  <  i  •  may,  by  ordinance,  regulaU  salt  <>j  milk.  All  cities  and  towns  m  tin- 
Mate  shall  have   power,  by  ordinance,  to  license   and    regulate  milk   dairies  and   the 

sale  oi  milk,  and  provide  tor  the  inspection  then 
Statutes,  1899,  vol,  2,  p.  1 142 

lairy  com  <sry;  report    There  Lfl  uereb)   created 

the  office  of  State  dairj  comm  d,  immediately  after  this  act  L'oes  into  . 

ever)  two  yean  thereafter,  the  governor  shall,  with  the  advice  and  consent  of  the 
senate,  appoint  a  suitable  person,  to  be  known  and  d<  ...      com* 


886  FOODS    AND    FOOD    CONTROL. 

missioner,"  who  shall  have  a  practical  knowledge  of  and  experience  in  the  manu- 
facture of  dairy  products,  who  shall  hold  his  office  for  two  years  from  the  first  day 
of  May,  or  until  his  BOCCCSSOf  is  appointed  and  qualified,  subject  to  removal  by  the 
governor  for  inefficiency,  neglect  or  violation  of  duty.  He  shall  give  bond  in  the 
pltm  of  ten  thousand  dollars  ($10,000),  conditioned  for  the  faithful  performance  of 
his  duties,  with  sureties  to  be  approved  by  and  tiled  with  the  governor.  Said  com- 
missioner shall  receive  B  salary  of  two  thousand  dollars  ($2,000)  a  year,  payable 
monthly,  and  his  actual  necessary  traveling  expenses  while  in  the  discharge  of  his 
official  duties.  He  shall  make  an  annua!  report  to  the  governor  not  later  than  Jan- 
uary 1  of  each  year  and  shall  be  furnished  an  office  by  the  state  board  of  agriculture 
at  the  seat  of  the  state  agricultural  college. 

2.  Deputy  commissioner;  chemist.  The  said  commissioner  shall  have  power, 
when  necessary,  to  appoint  a  deputy,  whose  salary  shall  not  exceed  $1,200  per  year, 
and  the  necessary  chemical  work  of  his  office1  shall  be  done  by  the  chemist  of  the 
State  agricultural  college. 

Sbc.  3.  Duties  of  commissioner.  It  shall  be  the  duty  of  the  state  dairy  commissioner 
to  inspect  or  cause  to  be  inspected  all  creameries,  public  dairies,  butter  and  cheese 
factories  at  least  once  a  year,  and  oftener  if  possible,  prescribe  such  reasonable  rules 
and  regulations  for  their  operation  as  he  deerae  necessary  to  fully  carry  out  the  pro- 
visions of  laws  now  in  force  or  that  may  be  hereafter  enacted  relative  to  dairy  prod- 
ucts for  the  promotion  and  maintenance  of  public  health  and  safety:  compile  and 
publish,  annually,  statistics  and  information  concerning  all  phases  of  the  dairy  indus- 
try in  this  state;  cooperate  with  the  state  board  of  agriculture  in  the  holding  of 
farmers'  institute-,  special  dairy  meetings,  and  in  general  strive  for  the  promotion  of 
the  best  interests  of  the  dairy  industry  throughout  the  state.  lie  shall  keep  on  hand 
a  supply  of  standard  test  tubes  or  bottles  and  milk  measures  or  pipettes  adapted  to 
the  use  of  each  milk  testing  machine  the  manufacturers  or  dealers  of  which  have 
filed  with  the  state  dairy  commissioner  a  certificate  from  the  director  of  the  Missouri 
agricultural  experiment  station  that  said  milk  testing  machine  when  properly  ope- 
rated will  produce  accurate  measurements  of  butter  fat.  and  to  furnish  sunt1  at 
actual  cost  to  any  person  desiring  them,  upon  written  request  therefor,  such  tubes, 
bottles,  measures  and  pipettes  to  be  stamped  with  the  letters  "S.  I  >.  ( '."  as  certifying 
to  their  accuracy.  He  shall  preserve  in  his  office  all  correspondence,  records,  docu- 
ments and  property  of  the  state  pertaining  thereto  and  turn  over  same  to  his  suc- 
EJe shall  devote  his  whole  time  to  the  duties  of  his  office  and,  during  his 
term,  shall  hold  no  other  official  or  business  position  nor  any  professorship  in  any 
educational  institution. 

Sbc.  1.  Authority  of commissioner — inspectionst  samplings,  reports,  examining  witnesses, 
etc.  In  the  performance  of  his  official  duty  the  state  dairy  commissioner  is  hereby 
authorized   and   empowered   to  enter  during  business  hours  all   creameries,    public 

dairies,  butter  and  cheese  factories  or  other  places  where  dairy  products  are  sold  or 
kept  for  sale,  tor  the  purpose  of  inspecting  same;  to  take  samples  any  where  of  any 
dairy  product,  or  imitation  thereof,  suspected  of  being  made  or  sold  in  violation  of 
law,  and  cause  the  same  to  be  analyzed  or  satisfactorily  tested  by  the  State  agricul- 
ture] college  chemist,  ami  such  analysis  <>r  test  shall  be  recorded  and  preserved  as 

evidence,  and  the  certificate  Of  such  test,  when  sworn  to  b\  such  chemist,  shall  be 
admitted  in  evidence  in  all  prosecutions  that  max  result  under  the  operations  of  this 
act;  to  require  the  owner,  agent  or  manager  of  every  creamery,  public  dairy,  butter 
and  Cheese  factory  to  report  annually,  on  or  before  September  l>t  for  the  year  ending 

July  1st.  on  blank-  to  be  furnished  by  the  state  dairy  commissioner,  full  and  accu- 
rate information  concerning  the  quantity  of  milk  bought,  s<»M  or  used,  the  average 
price  of  same,  the  quantity  of  butter  or  cheese  produced  or  sold  and  the  average  price 

of  same,  the  number  of  cows  used  in  or  contributing  to  tl Deration  of  such  cream 

cry,  dairies  and  factories;  to  examine  under  oath  or  otherwise  any  person  whom  he 


UI8SOURI.  837 

may  believe  has  knowledge  concerning  the  unlawful  operation  of  any  creamery, 
public  dairy,  buyer  or  cheese  factory,  to  issue  subpoena  requiring  the  appearance  of 
witnesses  and  the  production  of  books  and  papers  and  administer  oaths  with  like 

effect  as  is  done  in  courts  of  law  in  this  State,  and  it  shall  be  the  duty  of  any  circuit 
court,  or  the  judge  thereof  upon  the  application  of  said  commissioner,  to  issue  an 
attachment  for  such  witnesses  and  compel  him  or  them  to  attend  before  the  com- 
missioner and  ^ive  testimony  upon  such  matters  as  he  or  they  shall  be  lawfully 
required  by  such  commissioner,  and  said  court  or  judge  shall  have  power  to  punish 
for  contempt  as  in  other  cases  of  refusal  to  obey  the  orders  and  processes  of  the 
court. 

Sec.  5.  Definition;  penalty  for  selling  milk  containing  foreign  substance*.  The  terms 
••creameries,  public  dairies,  butter  and  cheese  factories,"  for  the  purposes  of  this  act, 
shall  he  construed  to  mean  such  as  produce  or  manufacture  dairy  products,  either 
genuine  or  imitation,  for  sale  cither  at  wholesale  or  retail  to  the  general  public,  and 
shall  not  include  fanners  or  others  who  produce  a  small  surplus  of  such  products  in 
excess  of  their  family  needs.  In  all  prosecutions  and  proceedings  for  the  enforce- 
ment in  any  of  the  courts  in  this  State,  of  all  laws  and  regulations  of  whatsoever 
nature  now  in  force,  or  that  may  hereafter  be  enacted  pertaining  to  the  production, 
sale  and  distribution  of  dairy  products  of  any  kind  whatsoever,  the  standards  of 
purity  and  the  definition  of  said  products,  shall  be  such  as  are  now .  or  may  hereafter 
be,  adopted,  recognized  and  published  by  the  officials  of  the  United  states  Depart- 
ment of  Agriculture,  and  whosoever  shall  Bell,  or  offer  or  expose  for  sale  anywhere 
in  this  state  milk  or  cream  containing  any  foreign  Bubstance  or  preservative  of  any 
kind  whatsoever  injurious  to  health,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction be  find  not  less  than  ten  dollar-,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sk».  ti.  Penalty  for  hindering  execution  of  law.  Any  person  or  persons,  firm  or  cor- 
poration who  shall  hinder  or  obstruct,  or  in  any  way  interfere  with  the  said  state 
dairy  commissioner  or  his  deputies  while  discharging  the  duties  of  inspection,  or 
who  fail  or  refuse  to  make  the  rep. pit-  provided  for  by  section  4  of  this  act,  shall,  on 
conviction,  be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars,  or  impris- 
onment in  jail  not  Less  than  ten  nor  more  than  ninety  days, or  by  hoth  such  fine 
and  imprisonment 

Sec.  7.  Appropriation.  For  the  purpose  of  carrying  into  effect  the  provisions  of 
this  act  th.re  is  hereby  appropriated  out  of  the  state  treasury,  chargeable  to  the  gen- 
end  revenue  fund,  the  Bum  of  ten  thousand  dollars  -  $10,000  >,  or  so  much  thereof  as 

may  l.e  necessary  for  paying  the  salary  of  the  state  dairy  commissioner  and  his 
assistant,  and  the  necessary  traveling  and  printing  expenses  of  same  for  the  years 
1906  and  1906. 

8b<  8.  Emergency.  The  advancement  of  the  interests  of  the  dairy  industry  as 
contemplated  by  t hi-  act.  creates  an  emergency  within  the  meaning  of  the  constitu- 
tion; therefore,  this  ad  -hall  take  effeel  and  l>e  in  force  from  and  alter  it-  passage. 

Sec.  9.  Repeal.  All  laws  and  parts  of  law-  of  whatsoever  nature,  in  conflict  or 
inconsistenl  or  repugnanl  to  the  provisions  of  this  ad  are  hereby  repealed. 

Approved  Aprils.    [905.       Law-  of  1906     II     B    300   .   pp 

n.nl    |;.    GB  \IV    I    H 
$601.    \fixed  grains  to  bi  branded.     No  person  shall  sell  or  offer  for  -ale  any  flour, 

meal,  griti  OF  hominy  made  from  t  he  admixture  OF  adulteration  of  grains,  unle-> 
there  shall  have  been  first  brand*  d  upon  each  of  the  harrels  or  packages  r..ntainin>: 
the  same,  the  kind  "1  grains  Composing  -aid  admixture,  the  quafit}  and  weight 
thereof,  and  the  name  and  place  of   business  of   the  peiBOO    manufacturing  the   -ame: 


338  FOODS  AND  FOOD  CONTROL. 

Provided,  always,  That  the  admixture  of  the  several  grades  or  kinds  of  wheal  shall 
n«.t  be  construed  to  be  mixed  or  adulterated  grains. 

$502.  Defacing  of  brand*.  No  person  shall  deface,  remove,  obliterate  or  destroy,  or 
cause  tlit*  same  to  be  done,  any  brand  or  mark  placed  upon  any  package  or  barrel  of 
flour,  meal,  grits  or  hominy  by  the  manufacturer  thereof,  with  the  intent  to  replace 
the  brand  so  erased  and  removed  by  another  and  different  brand  from  that  of  the 
manufacturer;  and  it  shall  not  he  lawful  for  any  person  to  rebrand  any  such  package 
or  barrel  BO  long  as  the  contents  thereof  remain  the  same. 

8508.  Brandsto  be  filed  and  acknowledged.  No  person  shall  manufacture  any  flour, 
grits,  hominy  or  meal  until  In- shall  have  filed  with  the  recorder  of  deeds  of  the 
county  in  which  his  business  is  conducted,  and  acknowledged  the  same  as  deeds  to 
lands  an-  required  to  he  acknowledged,  a  fac  simile  of  each  of  the  brands  he  intends 
to  use.  which  shall  contain  the  colors  to  be  used  in  applying  the  same,  the  weight 
and  quality  of  the  Hour,  grits,  hominy  or  meal,  and  the  name  of  the  manufacturer 
thereof,  or  of  some  person  in  his  employ,  and  the  state  or  town  or  place  and  the  mill 
where  manufactured.  Should  any  manufacturer  claim  any  of  his  said  brands,  orany 
pari  of  tin*  Bame,  as  a  trade  mark,  tin-  said  recorder  shall  record  his  claim,  and  there- 
after it  shall  not  he  lawful  for  any  other  person  to  use  Buch  brand:  Provided,  always,, 
That  this  Bection  .-hall  not  he  construed  to  interfere  with  the  right  to  any  brand  or 
trade  mark  copyright  or  patented  in  pursuance  of  an  ad  of  Congress. 

s.")04.  False  brands.  No  person  within  this  start-  shall  use  the  name  of  a  mill  or  a 
brand  upon  any  barrel  or  package  containing  flour  made  from  grains,  <>r  the  admix- 
ture of  grains,  unless  the  same  shall  belong,  bona  tide,  to  the  person  using  the  same, 
nor  unless  the  flour  Upon  which  the  same  may  be  used  was  manufactured  by  the 
owner  of  such  mill  or  brand. 

8505.  Record  of  brands.  It  shall  he  the  duty  of  each  recorder  of  deeds  within  the 
Btate  to  keep  a  hook  in  his  office,  in  which  to  record  the  flour  brands  provided  for  in 
Bection  8503,  and  a  certified  copy  of  any  such  record,  by  the  recorder,  shall  be  evi- 
dence in  all  courts  of  the  making  and  filing  and  contents  thereof. 

V>(M>.  Penalty.  Any  person  doing  any  of  the  acts  in  this  article  prohibited,  or 
omitting  to  do  any  of  the  acts  herein  commanded,  shall  be  guilty  of  a  misdemeanor, 

ami  for  each  and  every  offense  shall  he  punished  by  a  tint'  of  not  less  than  twenty 
nor  more  than  two  hundred  dollars,  one-half  of  which  shall  he  paid  to  the  person 
who  shall  he  named  a-  prosecuting  witness. 

Revised  Statutes,  L899,  vol.  2.  p.  1992. 

L0578.  Label  showing  weight;  "penalty.     A  barrel  of  flour  shall  consist  of  196  pounds 

net ;  a  sack  of  flour  shall  consist  of  98  pounds  net;  a  half  sack  of  flour  shall  consist  of 
18  pounds  net;  a  quarter  sack  of  Hour  -hall  consist  of  24  pounds  net;  no  manufacturer 
or  dealer  in  Hour  shall  sell  Hour  iii  barrels,  Backs,  half  sacks  or  quarter  sacks  con- 
taining a  less  amount  of  Hour  than  the  amounts  above  specified.  Before  any  barrel, 
sack,  half  sack  or  quarter  sack  of  flour  shall  be  sold,  the  number  oi  pounds  therein 
contained  shall  be  plainly  labeled  or  stamped  thereon.  Any  person  who  shall  sell 
any  package  of  Hour  which  shall  he  stamped  or  labeled  with  a  greater  number  of 

pounds,  net  than  such  package  actually  contains  or  who  shall    put  up  or  sell  Hour  in 

any  manner  contrary  to  the  provisions  of  this  section,  shall  be  deemed  guilt}  of  a 

misdemeanor,  ami  upon  conviction  thereof,  -hall  be  lined  in  a  Bum  not  less  than  ten 

dollar-  nor  more  than  one  hundred  dollar-. 

Revised  Statutes  1899,  vol.  2:  ch.  17:;,  sec.  10578,  p.  2448. 


Missouri.  339 

VINEGAR. 

2282.  1 1  i  Imitation  or  adulterated  cider  vinegar;  penalty.  That  any  person  who 
manufactures  for  Bale,  or  offers  or  exposes  for  Bale  as  cider  vinegar,  any  vinegar  not 
the  legitimate  product  of  pure  juice,  known  as  apple  cider,  or  vinegar  not  made 
exclusively  of  said  apple  cider  or  vinegar,  into  which  foreign  substances,  drugs  or 
acids  have  been  introduced,  as  may  appear  on  proper  tests,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof  be  punished  for  every  offence  by  line 
of  not  less  than  fifty  dollars,  nor  more  than  one  hundred  dollars  and  the  o  - 
prosecution,  or  by  imprisonment  in  the  county  jail  not  to  exceed  ninety  day-. 

2283,  2  Artificial  coloring  or  flavoring;  foist  branding.  All  vinegar  sold  or 
offered  for  Bale,  exchange  or  delivery  shall  be  without  artificial  coloring  or  flavoring; 
and  no  person  by  himself  or  by  hi-  agent  or  employe  shall  sell  or  offer  for  sale, 
exchange,  deliver,  or  knowingly  have  in  his  custody  or  possession,  with  intent  to  sell 
or  exchange,  or  expose  or  offer  for  Bale  <»r  exchange,  any  vinegar  labeled  or  branded 
as  cider  vinegar,  or  as  apple  vinegar,  which  is  not  the  legitimate  product  of  pore 
apple  juice  or  that  is  not  made  exclusively  from  apple  cider. 

2*Js4.  (3)  Branding;  inspection.  Every  person  making  or  manufacturing  apple, 
cider,  or  other  fruit  vinegar,  for  sale  shall  brand  on  both  heads  of  each  cask,  barrel, 
or  keg,  containing  such  vinegar,  the  name  and  location  of  the  manufacture 
firm,  and  also  the  name  of  the  fruit  out  of  which  the  vinegar  is  made;  and  where 
then- an-  inspectors  of  food  products,  vinegar  shall  be  one  of  the  articles  under 
supervision  of  such  inspector,  with  power  to  inspect  and  seize  any  that  may  be 
found  fraudulent,  and  in  violation  of  section-  2282,  2283,  2284,  and  2285. 

2285.  I  Branding  of  "fruit  vinegar;"  penalty.  No  vinegar  shall  be  branded 
"fruit  vinegar,"  unless  tin-  same  shall  be  made  wholly  from  apples,  grapes  or  other 
fruits;  and  any  person  who  shall  knowingly  brand,  label  or  sell,  or  offer  for  sale  as 
such  ••  fruit  vinegar,"  any  vinegar  not  made  wholly  from  apples,  grapes  or  other 
fruit,  or  who  shall  violate  any  one  of  the  foi  stions,  shall  be  deemed  guilty 

of  a  misdemeanor  and  be  punished  as  provided  in  section  2282. 

Approved  April  I.  L891.     Revised  statutes.  1899,  vol.  L,  pp.  630-631. 


MONTANA. 

With  the  exception  of  the  milk  and  meat  inspectors  in  certain  coun- 
ties (see  page  341),  no  officer  is  specially  charged  with  the  enforcement 
of  the  food  laws  of  this  State. 

GENERAL  FOOD  LAWS. 

(>S2.  Adulterated  or  diluted  food  and  drugs.  Every  person  who  adulterates,  or  dilutes 
any  article  of  food,  drink,  drug,  medicine,  spirituous  or  malt  liquor  or  wine,  or  any 
article  used  in  compounding  them,  with  a  fraudulent  intent,  to  offer  the  same  or 
can-.'  or  permit  it  to  be  offered  for  sale  as  unadulterated  or  undiluted,  and  every  per- 
son who  fraudulently  sells,  or  keeps  or  offers  for  sale  the  same,  as  unadulterated  or 
undiluted,  is  guilty  of  a  misdemeanor. 

<»v{.  Spoiled  or  unwholesome  food.  Every  person  who  sells,  or  keeps  for  sale,  or 
otherwise  disposes  of  any  article  of  food,  drink,  drug  or  medicine,  knowing  that  the 
same  has  become  tainted,  decayed,  spoiled,  or  otherwise  unwholesome,  or  unlit  to 
be  eaten  or  drank,  with  intent  to  permit  the  same  to  be  eaten  or  drank,  is  guilty  of 
a  misdemeanor. 

Penal  Code,  1895,  p.  863. 

677.  Every  person  who  wilfully  violates  any  of  the  laws  of  this  State,  relating  to 
the  preservation  of  the  public  health,  is,  unless  a  different  punishment  is  prescribed 
by  this  Code,  punishable  by  imprisonment  in  the  county  jail  not  exceeding  one  year 

or  by  fine  not  exceeding  one  thousand  dollars,  or  both. 

Annotated  Codes  1895,  vol.  2;  Penal  Code,  title  10,  p.  861. 

CANDY. 

702.  Injurious  j ngred ientt.  Every  person  who  shall,  l»y  himself,  his  servant  or 
agent,  Or  afi  the  Bervani  or  agent  of  any  other  person  or  corporation,  manufacture  for 
sale,  or  know  ingly  sell  or  offer  to  Bell  any  candy  adulterated  |,y  the  mixture  of  terra 

alba,  barytes,  talc  or  any  mineral  substance,  by  poisonous  colors  or  flavors  or  other 
ingredients  deleterious  or  detrimental  to  health,  is  guilty  of  a  misdemeanor. 

U  amended  Feb.  22,  L899,  Session  Laws,  1899,  p.  LSI;  Penal  Code,  1895,  p.  s^. 

DAIRY   PRODUCTS. 

1095.  0am  ofoowt.  Every  person  who  keeps  a  con  or  any  animal  for  the  produc- 
tion of  milk  in  a  crowded  or  unhealthy  place  Or  in   a  diseased    condition,   I  r  \vvi\s 

such  cow  or  animal  upon  any  food  that  produces  impure  or  unwholesome  milk,  is 
punishable  by  imprisonment  in  the  county  jail  not  exceeding  three  months  orb? 
line  not  exceeding  two  hundred  dollars,  or  both. 

Penal  ('ode,  1896,  vol.  l,  p.  917, 

340 


MONTANA.  841 

4064.  License  far  tale  of  imitation  butter  and  cheese.  Every  person,  compan}  or  cor- 
poration selling  oleomargarine,  butterine,  or  imitation  of  cheese  shall  pay  a  license 
of  ten  cents  per  pound  for  all  these  articles  sold. 

Political  Code,  1895,  vol.  2,  suhsec.  13,  p.  557. 

684.  Branding  of  imitation  b\titer  and  cheese.  Every  person  who  manufacture-  for 
sale,  or  offers  or  exposes  for  sale,  or  has  in  his  possession,  with  intent  to  sell,  any 
article  or  substance  in  resemblance  of  butter  or  cheese,  not  the  legitimate  product  of 
the  dairy,  and  not  made  exclusively  of  milk  or  cream,  or  into  which  the  oil  or  fat  of 
animals  not  produced  from  milk,  enters  as  a  component  part,  or  into  which  the  oil 
or  fat  of  animals  not  produced  from  milk  has  been  introduced  to  take  the  place  of 
cream,  must  distinctly  -tamp,  brand  or  mark  in  some  conspicuous  place  upon  every 
firkin,  tub  or  package  of  such  article  or  substance,  in  plain  letters  not  less  than  one- 
fourth  inch  square  each,  the  word  "Oleomargarine,"  or  the  words  "Imitation 
cheese,"  as  the  case  may  be;  and  in  the  retail  sale  of  such  article  or  substance,  in 
parcels  or  otherwise,  the  seller  must  deliver  to  the  purchaser  therewith,  a  printed 
label,  bearing  the  plainly  printed  word  or  words  "Oleomargarine"  or  "Imitation 
cheese,"  plainly  marked  as  aforesaid. 

<>s5.  Placard  to  h,  displayed.  Every  person  dealing  in  the  article  or  substance 
described  in  the  next  preceding  section,  and  every  hotel,  restaurant,  or  boarding 
house  keeper,  using  such  article  or  substance  in  his  business,  must  continuously  and 
conspicuously  keep  posted  up  in  not  less  than  three  exposed  positions,  in  and  about 
hie  place  of  business,  a  primed  notice  in  the  following  words:  "Oleomargarine"  or 
"Imitation  cheese'*  "sold  (or  used  i  here.-*  which  notice  must  be  plainly  printed 
with  Letters  not  less  than  two  inches  square  each,  and  must  upon  the  furnishing  the 
article  or  substance  to  his  customers  or  guests,  if  inquiry  is  made,  distinctly  inform 
each  of  them  that  the  article  furnished  is  not  butter  or  cheese  the  genuine  product 
of  the  dairy,  but  is  oleomargarine  or  imitation  ch< 

<>s<>.  Penalty.  Every  person,  and  every  officer  or  agent,  of  any  corporation  who 
violates  any  of  the  provisions  of  the  last  two  preceding  section-,  i-  punishable  by 
imprisonment  in  the  county  jail  not  exceeding  one  month  or  by  tine  not  exceeding 
one  hundred  dollars. 

Penal  (ode.  1885,  vol  1,  p.  - 

MEAT  AND  MILK. 

Sac.  I.  Offict  of  county  meat  and  milk  inspector  created.  The  office  of  Meat  and  Milk 
Inspector  is  hereby  created  in  the  State  of  Montana  for  the  ( 'ounties  of  the  first,  sec- 
ond and  third  da--,  and  Immediately  on  the  passage  of  this  Act,  tin-  President  and 
Secretary  of  the  state  Board  of  Health  and  the  State  Veterinarian  shall  appoint  a 
Meat  ami  Milk  inspector  for  the  Counties  of  the  first,  second  an. I  third  class,  and 
when  deemed  necessary  by  the  President  and  Secretary  of  the  state  Board  of  Health 
and  the  state  Veterinarian,  or  upon  the  request  of  one  hundred  ta\  payers  in  the 
Counties  of  the  fourth,  fifth,  Bixth  and  seventh  classes,  they  shall  then  appoint  a 
Meat  and  Milk  inspector  for  said  Counties  of  the  fourth,  fifth,  sixth  and  seventh 
class* 

Sac.  2.   Reports.    Such  Meat  and  Milk  inspectors  shall  be  designated  Deputy  State 

Veterinarians,  and  shall  make  report  at  the  end  of  each  calendar  month  to  the  State 
Veterinarian  of  all  things  pertinent  to  their  office,  and    shall   also   make   an    annual 

report  at  the  end  of  the  Fiscal  year,  addressed  to  the  Mate  Veterinarian. 

Sub-Div.  l.  Salaries.    Said  Inspectors  of  the  Counties  of  the  first  class  shall  n 
an  annual  salary  of  Two  Thousand  Dollars    12,000 

Inspectors  of  the  second  class  Counties  shall  receive  One  Thousand  Five  Hundred 
Dollar-   $1,500.00    uinualK  ;  Inspectors  of  tin-  third  class  <  bounties  shall  n 


342  FOODS  AND  FOOD  CONTROL. 

Thousand  Two  Hundred  Dollars  (SI, 200. 00)  annually:  Inspectors  of  the  fourth  class 
Counties  shall  receive  One  Thousand  Dollars  ($1,000.00)  annually:  Inspectors  of  the 
fifth  class  Counties  shall  receive  Seven  Hundred  and  Fifty  Dollars  ($750.00)  annu- 
ally; and  Inspectors  of  the  sixth  and  seventh  class  Counties  shall  receive  Six  Hun- 
dred Dollars  (SHOO. 00)  annually,  to  be  paid  out  of  the  general  State  fund  monthly. 

Sub-Div.  2.  Qualifications  for  inspector.  No  person  shall  he  appointed  to  the  office 
of  Meat  and  Milk  Inspector  unless  he  is  a  graduate  in  good  standing  of  some  regular 
and  reputable  Veterinary  Medical  College,  or  of  some  regular  and  reputable  Medical 
College,  or  of  a  Medical  Department  of  a  University,  and  must  he  registered  and 
admitted  to  practice  in  the  State  of  Montana,  and  before  such  appointment  he  shall 
be  required  to  exhibit  his  diploma  as  such  graduate,  and  if  deemed  necessary  by  the 
above  mentioned  board,  he  shall  pass  an  examination  before  said  Board  upon  the 
specialty  of  Meat  and  Milk  Inspection. 

Sbc.  '■'>.  Supervision  and  removal  of  inspectors.  All  Inspectors  appointed  by  the  above 
mentioned  Board  shall  be  under  the  direct  supervision  of  the  State  Veterinary  Sur- 
geon, and  for  cause  may  be  removed  at  any  time  by  said  Board,  consisting  of  the 
President  and  Secretary  of  the  State  Board  of  Health  and  the  State  Veterinarian. 

Sub-Div.  4.  Standard  of  meat  inspector.  The  rules,  regulations  and  methods  of 
inspection  adopted  by  the  Bureau  of  Animal  Industry  of  the  United  States  Govern- 
ment, supplemented  by  any  rules  deemed  necessary  by  the  aforementioned  Board. 
shall  be  taken  as  the  standard  of  Meat  Inspection,  and  shall  be  followed  as  closely  as 
may  be  consistent  by  said  Meat  and  Milk  Inspectors  appointed  by  said  Board,  pro- 
vided said  Inspectors  are  hereby  empowered  to  enter  any  premises  or  any  place  what- 
soever where  animal  food  products  are  kept  for  sale,  slaughter  houses,  markets, 
stores,  or  any  building  or  premises  of  whatsoever  character  necessary  for  him  to  visit 
in  the  performance  of  his  duties. 

Sbc.  •").  Condemning  and  destroying  of  meat,  etc.  The  Meat  and  Milk  Inspector 
appointed  by  said  Board  shall  have  the  right  to  condemn  any  meat,  carcasses,  OX 
parts  of  carcasses,  poultry  or  fish,  or  parts  thereof,  or  all  cattle,  sheep,  swine,  poultry, 
fish,  or  any  domestic  animal,  whatsoever,  intended  for  food  for  human  consumption, 
which  is  found,  after  examination,  to  be  unfit  for  food,  and  it  shall  be  said  Inspector's 
duty  to  destroy  all  such  contaminated  meat  or  poultry  or  fish  by  slashing  said  meat 
or  muscular  tissue,  or  poultry  or  fish,  or  carcass,  or  parts  of  carcasses  of  any  domestic 
animal  whatsoever,  in  numerous  places,  with  a  knife,  and  into  such  incisions -aid 
I  ospector  shall  then  pour  or  inject  with  a  suitable  syringe  sufficient  kerosene  to  taint 
such  meat  or  food  product,  and  make  it  impossible  to  be  used  for  human  consump- 
tion. 

.  6.  Inspection  license;  disposition  of  fees.  Any  person,  persons,  or  corporations 
Belling  Or  dealing  in  fresh  meats,  lish  and  poultry,  in  Counties  in  which  a  Meat  and 
Milk  Inspector  is  appointed,  shall  annually,  before  the  first  day  of  June,  register  in 
the   books  of  such   inspector,  and   shall    pay  an  inspection    license  to  such  Meat  and 

Milk  Inspector  in  the  sum  of  Fifteen  Dollars  ($15.00)  per  annum,  payable  quarterly 

in  advance,  and  each  and  every  whole-ale  and  retail  dealer  handling,  selling  or  deal- 
ing in  fresh  tish  and  DOUltr)   where  fresh  meats  are  uol  sold  or  dealt  in.  shall  pay  an 

inspection  license  to  such  Meat  and  Milk  Inspector  in  the  sum  of  Pour  Dollars  ($4.00) 
per  annum,  quarterly  in  advance,  and  all  moneys  so  collected  by  said  Inspector  shall 
be  by  him  paid  into  the  state  Treasury,  quarterly,  as  received,  to  be  turned  into  the 
general  fund,  and  receipted  therefor  b>  the  Treasurer  to  such  Inspector. 

8»  7  Diseased  animals.  It  shall  be  unlawful  to  sell  or  offer  for  sale,  buy  or  offer 
to  buy,  take  or  give  away,  for  the  purpose  of  food,  anj  animal  Buffering  from  hog 
cholera,  Bwine  plague,  charbon  or  anthrax,  rabies,  malignant  epizootic,  catarrh, 
pyaemia  or  septicaemia,  mange  or  scab,  in  advanced  stages,  actinomycosis,  or  lump 
jaw,  inflammation  of  the  lungs,  the  intestines  or  peritoneum,  Texas  fever,  extensive 
or  generalized  tuberculosis,  animal-  in  an  advanced  stage  of  pregnancy,  or  which 


MONTANA,  343 

have  recently  given  birth  to  young,  any  disease  or  injury  causing  an  elevation  of  the 

temperature  or  affecting  the  system  of  the  animal  to  a  degree  which  would  make  the 
ties!)  unfit  for  human  food;  any  organ  or  part  of  the  can-ass  which  is  badly  bruised 
or  affected  by  tuberculosis,  actinomycosis,  cancer,  abscess,  suppurathi  r  tape 

worm  cyst,  poultry  or  fish  or  other  animal  food  products  in  a  decaying  or  putrid 
condition;  or  poultry  suffering  from  tuberculosis  or  othergeneral  disease,  animals  too 
young  and  immature  to  produce  wholesome  food;  animals  too  emaciated  and  anaemic 
to  produce  wholesome  meat,  distemper,  glanders  and  farcy,  or  any  other  malignant 
disorder,  acute  inflammatory  lameness  and  extensive  fistula. 

Sec.  v  Meat  already  inspected.  Nothing  in  this  Act.  or  any  paragraph  thereof, 
shall  he  BO  con-trued  as  to  interfere  with  the  offerings  for  sale  of  any  wholesome 
meats,  bearing  the  stamp  or  tag  indicating  that  the  same  has  been  inspected  by  the 
United  States  Bureau  of  animal  industry,  or  of  any  State  or  County,  or  municipal 
inspector:  Provided,  however,  That  if  there  is  any  reason  to  believe  that  such  meat 
is  in  a  putrid,  decaying  or  unwholsome  condition,  it  shall  be  said  Inspector's  duty  to 
inspect  such  meat  whenever  complaint  is  made  to  him  relative  thereto,  or  he  person- 
ally has  reason  to  believe  that  such  conditions  exist,  and  should  he  find  such  meat  in 
a  putrid,  decaying  condition,  or  preserved  by  chemical  preservatives,  or  in  any  con- 
dition making  it  unwholesome  for  human  consumption,  it  shall  then  be  his  duty  to 
destroy  such  meat,  as  is  herein  provided. 

Sec.  9.  Inspection  of  dairies;  certificates.  It  shall  be  the  duty  of  such  Meat  ami  Milk 
[nspector  to  inspect  each  dairy  supplying  milk  to  the  public  in  his  County  for  human 
consumption  not  less  than  once  in  every  month  during  the  calendar  year,  and  it  shall 
be  the  duty  of  such  Inspector  to  issue  to  each  person  or  persons,  or  corporations  sup- 
plying milk  t<»  the  citizens  of  BUch  ( Sounties  of  the  State  of  Montana,  a  certificate  of 
health  every  ninety  days,  which  certificate  of  health  shall  include  a  certificate  of  the 
sanitary  condition  of  such  dairy. 

Skc.  hi.  Health  certificate  for  cows.  It  shall  be  unlawful  for  any  person  or  persons, 
company  or  corporation,  to  feed  unwholesome  food  of  whatsoever  character  to  his 
dairy  cow-.  Each  dairyman,  person,  persons,  company  or  corporation,  supplying 
milk  to  the  public,  must  have  for  each  cow,  his  certificate  of  health,  including  the 
tuberculin  test  made  by  said  inspector,  stating  that  each  cow  is  free  from  tubercu- 
losis or  consumption,  or  any  other  infectious  disease  whatsoever. 

Bbc.  11.  Cleanliness  of  dairy  utensils,  >'<■.  Whenever  in  the  observation  of  the  Meal 
and  Milk  Inspector,  proper  cleanliness  of  vehicles,  utensils,  pail-,  pan-,  or  other 
utensils,  used  in  the  accumulating,  handling  or  marketing  of  said  milk  is  not  up  to 
the  proper  standard,  it  shall  be  the  Inspector's  duty  to  prohibit  the  said  person  or 
persons  or  corporation  from  selling  said  milk,  until  such  time  as  proper  methods  of 
cleanliness  and  precautions  arc  used  in  the  handling  of  said  milk. 

12.   Cleanliness  of  cow  barns.     All  persons  or  corporations  engaged  in  the  dairy 
business  and  BUpplj  ing  milk  to  the  citizens  of  the  State  of  Montana,  shall  keep  their 

barns  or  stables  free  from  tilth  or  manure  or  other  Bubstances  likely  to  harbor  or 
favor  the  growth  of  disease  producing  germs  therein,  or  about  their  stables  or  barns 
likeh  to  be  carried  in,  or  to  contaminate  such  milk  or  dairy  product 

Sac.  13.  Improperly  fed  cattle.  Any  resident  of  the  State  of  Montana,  to  whose 
knowledge  or  observation  comes  the  tact  that  any  dairyman,  person  or  persons,  or 
corporation,  is  supplying  milk  fr any  diseased  cattle,  or  cattle  fed  on  stable  bed- 
ding, stable  refuse;  or  any  improper  food  of  any  character  whatsoever,  it  -hall  be  his 
duty  to  at  once  aotif)  -aid  Inspector  of  such  County,  who  -hall  at  once  visit  the 
premises  or  place  indicated,  and  if  he  finds  -aid  complaint  true,  it  shall  then  b. 
[nspector's  dutj  to  at  once  prohibit  the  future  selling  of  the  product  of  -aid  dairj .  or 
dealer,  or  corporation,  and  to  at  once  tile  an  information  against  -aid  dairyman, 
person  or  persons,  corporations  or  dealer. 


344  FOODS  AND  FOOD  CONTROL. 

Sec.  14.  Inspection  authority;  sampling.  Such  inspector  shall  keep  in  his  hook  of 
records  kept  for  the  purpose  tin-  names  and  place  of  business  of  all  persons  engaged 
in  the  Bale  of  milk  and  cream  within  the  County,  and  the  Inspector  is  herebj 

empowered  to  enter  all  places  in   which   milk,  cream,  or  dairy  products  are  stored 
or  offered  for  Bale,  and  all  vehicles  used  tor  the  conveyance  of  milk  or  cream,  and 
may  take  therefrom  samples  for  analysis. 
Sub-Div.  1.   Portion  of  sample  to  be  given  to  owner.     The  inspector  shall,  upon  request 

made  at  the  time  such  sample  is  taken,  take,  seal  and  deliver  to  the  owner  or  person 
from  whose  possession  the  milk  or  cream  or  dairy  products  are  taken,  a  portion  of 
each  sample,  and  a  receipt  therefor  shall  Ik-  given. 

Sob-Dtv.  2.  Analyses.  The  inspector  shall  analyze  such  sample,  or  otherwise  sat- 
isfactorily test  the  same,  ami  shall  record  and  preserve  such  record  as  evidence  of 
the  result  thereof,  but  no  evidence  of  the  result  of  such  analysis  or  test  shall  he 
received  if  the  Inspector,  on  request,  refuses  or  neglects  to  seal  and  deliver  a  portion 
of  the  sample,  taken  as  aforesaid,  to  the  owner  or  person  from  whose  possession  it  is 
taken. 

8bc.  L5.  License  for  mill:  wagons.  Any  person,  persons,  or  corporation,  in  Counties 
in  which  a  .Meat  and  Milk  Inspector  is  appointed,  who  conveys  milk  or  cream  in 
vehicles  of  any  character  whatsoever,  for  the  purpose  of  selling  it  in  such  Counties, 
shall  annually,  before  the  1st  day  of  June,  be  licensed  by  the  Meat  and  Milk 
Inspector  of  said  County  to  sell  milk  and  cream  within  the  limits  thereof,  and  shall 
pay  to  such  Inspector  for  each  and  every  vehicle  of  whatsoever  character  used  in  the 
sale  or  delivery  of  such  milk  or  cream  or  dairy  product,  the  sum  of  Twelve  Hollars 
($12.00)  per  annum,  payable  quarterly  in  advance,  which  sums  shall  he  paid  into 
the  State  Treasury  by  such  Inspector,  quarterly,  as  received,  to  be  turned  into  the 
general  fund,  and  receipted  therefor  by  said  Treasurer  to  said  Inspector. 

Bub-Div.  1.  License  in  name  of  owner.  Licenses  shall  be  issued  only  in  the  name  of 
the  owner  of  the  vehicles,  carriages  or  other  conveyances. 

Bub-Dxv.  2.  License  not  transferable.  Such  License  shall,  for  the  purposes  of  this 
Act,  be  conclusive  evidence  of  ownership,  ami  shall  not  be  assigned  or  transferred. 

SuB-DlV.  '■*>.  Data  in  license.  Each  license  shall  contain  the  number  thereof,  the 
came,  the  residence,  the  place  of  business,  the  number  of  vehicles  used  by  the  per- 
son, persons,  or  corporation.-,  and  the  name  of  every  driver  or  other  person  emplo\  ed 
by  the  owner  or  owners  in  carrying,  conveying  or  selling  milk  or  cream. 

Si  ij-I)i\  .  \.  Number  of  license,  etc,  an  vehicles,  Each  person,  persons,  or  corpora- 
tions shall,  before  engaging  in  the  sale  of  milk  or  cream,  or  dairy  products  of  any 
character  whatsoever,  cause  his  name  and  number  of  his  license  to  be  placed  legibly 
on  each  outer  Bide  of  all  carriages  or  vehicles  or  conveyance  of  \\  hat  soever  character 
used  by  him  in  the  conveyance  for  sale  of  milk  or  cream, 

Si  i',-hiv.  •">.  Xante  ami  pluce  of  sale  must  be  registered.  Kvel'V  person  or  persons, 
company  or  corporation,  before  selling  milk   or  cream,  or  offering  t  he  same  for  sale 

in  a  Btore,  I th.  stand,  market  place,  depot,  or  any  place  whatsoever,  in  a  county 

in  which  a  Meal  and  Milk  Inspector  is  appointed,  shall  register  in  the  books  of  such 
[nspector  his  or  her  name,  or  the  name  of  the  company  or  corporation,  and  proposed 
place  of  gale. 

Si  i:  I  )i\  .  8.    /.'<<  ////>/"<//•  .       Not  hi  ng  in  Sect  ion  16,  with  the  exception  of  Sub-1  >i  vision 

flve,  -hall  be  construed  to  apply  to  dairies  milking  five  cows,  or  less. 

9bc.  L6.  Dirty,  adulterated,  unwholesome  or  skimmed  milk.  Any  person  or  persons, 
<.r  servant  or  agents,  or  any  other  person  who  sells,  exchanges,  delivers,  gives  away, 

or  has  in  his  custody  or  possession,   u  it  h  intent    to  sell,  exchange,  Or  deliver,  or  give 

a wa>  or  expose,  or  offer  for  sale  or  exchange  adulterated  milk  or  cream,  or  milk  or 
cream  containing  filth  or  « I  in.  or  milk  or  cream  to  which  water,  boracic  acid,  salt, 
salisylic  [salicylic]  acid,  ami  salisylate  [salicylate]  of  sodium,  formaldehyde,  forma- 
line, cornstarch,  gelatine,  isen-glass  [isinglass],  coloring  matter,  or  any  other  extra- 


MONTANA.  845 

neons  substance  has  been  added,  or  milk  produced  from  cows  which  have  been  fed 
on  swill  or  other  improper  food,  or  from  sick  or  diseased  cows,  or  whole  milk  from 
which  the  cream,  or  a  part  thereof,  has  been  removed,  and  whosoever  sells,  exchanges 
or  delivers,  or  has  in  his  custody  or  possession  with  intent  to  sell  <>r  exchange, 
deliver  or  give  away,  skimmed  milk,  containing  less  than  nine  percent  of  milk 
solids,  exclusive  of  fat,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished, as  provided  in  Section  2:!  of  this  Act. 

Sec.  17.  Standard  milk  and  cream.  On  any  prosecution  under  the  provisions  of  this 
Act,  milk  upon  which  analysis  is  shown  to  contain  less  than  twelve  per  cent  of  total 
solids,  or  lesfi  than  nine  percent  of  solids  exclusive  of  fats,  or  less  than  three  per 
cent  of  fat,  shall  not  be  considered  milk  of  good  standard  quality,  and  cream  con- 
taining less  than  fifteen  per  cent  of  fat,  which  shall  Ik-  the  standard  of  quality  for 
the  State  of  Montana,  shall  not  be  considered  cream  of  good  standard  quality. 

Sec.  18.  Handling  milk  helm-  standard.  It  shall  be  unlawful  for  any  person  or 
persons,  company  or  corporations,  by  his  <»r  their  servant  or  servants,  agent  or  agents, 
or  as  the  servants  or  agents  of  any  other  person,  persons  or  corporation,  to  sell  or 
offer  for  sale,  exchange,  or  deliver,  or  give  away,  or  have  in  his  or  her  custody  or 
possession,  with  intent  to  sell,  exchange  or  deliver,  milk  or  cream,  which  is  not  of 
good  standard  quality,  as  above  prescribed. 

Sec.  19.  Skimmed  milk  must  be  labeled.  Any  person,  persons,  or  corporation,  who, 
by  his  or  their  agent  or  agent-,  sells,  exchanges,  gives  away,  or  delivers,  or  has  in 
his  custody,  with  intent  to  sell,  exchange  or  deliver  milk,  from  which  the  cream  or 
part  thereof  has  been  removed,  not  having  the  words  "Skimmed  Milk"  distinctly 
marked  on  a  light  ground  in  plain,  dark,  uncondensed  Gothic  letters,  at  least  one 
inch  in  length,  in  a  conspicuous  place  upon  ever  receptacle,  can  or  package,  from,  or 
in  which  such  milk  is  contained,  or  is  intended  to  be  sold,  exchanged,  given  away, 
or  delivered,  shall  be  punished,  as  provided  in  Section  23  of  this  Act. 

Sru-Div.  1.  Tag  labels.  If  such  receptacle,  can  or  package  IS  of  capacity  of  not 
more  than  two  quarts,  the  -aid  words  may  be  placed  upon  a  detachable  label  or  tag 
attached  thereto,  and  said  letters  may  lie  less  than  one  inch  in  length. 

Bub-Div.  2.  Skimmed  milk  defined.  Any  milk  found  in  such  receptacles,  vessels  or 
cans,  containing  more  than  one  per  cent  of  butter  fat.  shall  not  be  considered,  within 
the  meaning  of  this  Act.    ••Skimmed  .Milk." 

L'o.    Counterfeit  teals,  etc.      It  shall  be  unlawful  for  any  person  or  per»  '11-.  com- 
pany or  corporation,  to  cause,  to  make,  or  cau-e  to  be  made,  or  ase  or  have  in  his  <>i 

her,  or  their  poooeooion,  an  imitation  or  counterfeit  of  a  seal  used  by  the  Meat  and 
Milk  Inspector  in  the  inspection  of  milk  or  cream,  or  to  change,  or  tamper  with  the 
sample-  taken  or  sealed  by  the  said  inspector. 
Bub-Div.  l.  Obstructing  t  vecution  of  law.     It  shall  be  unlawful  for  any  Meat  or  Milk 

Inspector,  his  servant   or  agent,  to  willfully  obstruct  or  assist  in  the   violation  of  the 

provisions  of  tin-  Let,  or  whoever  hinder-,  obstructs  or  interferes  with  the  Meat  and 

Milk   Inspector,    or   hi-  Bervanl    or  agent,    in   the   performance  of   his  duty,  -hall    be 

guilty  of  a  misdemeanor 

Si  B-Drv.  2.  Contaminated  water  given  cows.  The  Inspector  shall  prohibit  the  -ale 
of  milk  by  any  person,  persons,  company .  •  »r  <■•  »rporation  Bupplj  ing  milk  or  cream  or 
dairy  product-  from  cows  that  are  permitted  to  drink  contaminated  or  unwholesome 
water,  of  an  j  character  whatsoever 

•j  i .    [dditional  rules.    The  President  and  Secretary  ol  the  State  Board  ol  Health 

and  the  State  Veterinarian,  are  hervb\   empowered  to  establish  anj   further  nil. 

regulations  necessar}  for  the  efficient  management  and  carrying  out  of  said  inspec- 
tion, and  the  n  gulationa  of  the  Inspectors  themselves. 

Bbc.  22.   Appropriai  >'  apparatus.     There  i-  hereb)  appropriated 

the  sum  of  One  Thousand  Dollars  ($1,000.00   tor  the  purpose  ofbu)  ing  such  chemical 

and  other  apparatus  as  ma\   be  ab-olutely  neces-arv  mi  the  purposeoi  each  his] 


346  FOODS    AND    FOOD    CONTROL. 

in  the  chemical  examination  of  meat  and  milk,  together  with  buying  and  supplying 
such  inspectors  with  the  necessary  record  books,  tags,  labels,  brands  or  mark-,  desig- 
nated by  the  State  Veterinarian,  to  be  paid  for  on  approval  of  said  Board  out  ol  the 
said  funds.  Said  apparatus  shall  be  purchased  by  the  President  and  Secretary  of  the 
State  Board  of  Health  and  State  Veterinarian,  and  be  supplied  to  each  County  Meat 
and  Milk  Inspector,  provided,  that  no  money  shall  he  paid  out  of  this  fund,  except 
on  the  approval  of  said  Board,  and  for  the  purposes  above  mentioned. 

i':;.  Penalties.  Any  •person  or  persons,  company  or  corporation,  who  violates 
any  of  the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punishable  by  a  fine  of  not  less  than  Five  Dollars  (S5.00),  nor  more  than  Three 
Hundred  Dollars  ($300.00),  or  imprisonment  in  the  County  Jail  not  less  than  ten.  or 
more  than  ninety  days,  for  each  separate  offense,  or  by  both  such  tine  and  imprison- 
ment, and  the  continuance  of  such  offense  for  any  day  shall  be  deemed  a  separate 
offen>e. 

Sbc.  24.  Inspector* 8 oath  <hhI  hourf.  Immediately  after  the  appointment,  and  before 
taking  office,  each  Inspector  shall  file  with  the  Secretary  of  the  State  an  oath  of 
office,  subscribed  to  by  him,  and  a  bond  for  a  sum  equal  to  his  annual  salary,  for 
the  faithful  performance  of  his  duty.  Said  bond  shall  be  furnished  with  good  and 
sufficient  sureties,  and  be  approved  by  the  Secretary  of  state. 

SBC.  25.  Repeal.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are  hereby 
repealed. 

SB  .  26.  l><it>  of  effect.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  7.  1<)<>:;.     haws  of  I'll).;,  ch.  L20,p.226. 

WATER. 

(>7<>.  Pollution.  Every  person  who  puts  the  carcass  of  any  dead  animal,  or  the 
offal  from  any  slaughter-pen,  corral  or  butcher  shop,  into  any  river,  creek,  pond  or 
reservoir,  stream,  street,  alley,  public  highway  or  road  in  common  use,  or  who 
attempt-  to  destroy  the  same  by  lire  within  one-fourth  mile  of  any  city,  town  or 
village,  and  every  person  who  puts  the  carcass  of  any  dead  animal,  or  any  offal  of 
any  kind  in  or  upon  the  borders  of  any  stream,  pond,  lake  or  reservoir,  from  which 
water  is  drawn  for  the  supply  of  the  Inhabitants  of  any  city  or  town  in  this  state,  so 
that  the  drainage  from  such  carcass  or  offal  may  be  taken  up  by  or  in  such  stream, 
pond,  lake  or  reservoir,  or  who  allows  the  carcass  of  any  dead  animal,  or  any  offal 
of  any  kind,  to  remain  in  or  upon  the  borders  of  any  such  stream,  pond,  lake  or 
reservoir  within  the  boundaries  of  any  land  owned  or  occupied  by  him.  or  who 
keeps  any   horses,   mules,   cattle,   swine,  sheep  or   live   stock    of   any    kind,    penned, 

corralled  or  housed  on.  over  or  on  the  borders  of  any  such  stream,  pond,  lake,  or 

reservoir,    SO    that     the    waters    thereof    shall    become    polluted     D}     reason    thereof,   is 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  as  prescribed 
in  |  (177  of  this  code.     [See  p.  340.] 

Annotated  Code*  L896,  vol.  2;  Penal  (ode,  title  io,  p.  Mil'. 


NEBRASKA. 

The  food  laws  of  the  State  are  administered  by  a  deputy  food 
commissioner  with   the  approval  of  the  governor,  who  is  ex  officio 

food  commissioner. 

GENERAL  FOOD  LAWS." 

.'{<><><>.  l  Food  commission.  There  is  hereby  created  a  Food  Commission,  with 
headquarter.-  at  the  Capitol,  for  which  office-room,  stationery,  postage,  expressage, 
printing,  and  other  and  usual  facilities  for  transacting' business  shall  be  furnished, 
the  same  as  for  other  executive  departments. 

3<><>7.     2     Food  commissioner  and  deputy.     The  Governor  of  this  State  is  hereby 

made  the  F 1  Commissioner  of  said  Food  Commission.     Said  Food  Commissioner 

shall  have  the  power  to  appoint  a  Deputy  Food  Commissioner  at  a  salary  of  Fifteen 
1 1  u  nd  red  i  dollars  ($1,500.00)  per  annum,  payable  monthly,  together  with  his  expenses 
actually  and  necessarily  incurred  in  discharging  the  duties  of  his  office.  It  is  further 
provided  that  a  complete  and  itemized  account  of  all  expenses  shall  he  kept  by  said 
Deputy  Food  Commissioner  and  filed  monthly  with  the  Auditor  of  Public  Accounts 
after  being  duly  verified  by  him.     Said  Deputy  Food  Commissioner  shall  hold  his 

office  at  the  pleasure  oi  the  <  rovernor,  and  when  acting  for  and  instead  of  said  1 ! 

Commissioner,  shall  and  may  exercise  equal  power  ami  authority  subject  to  the 
approval  of  the  said  Food  Commissioner.  The  Deputy  Food  Commissioner  bo 
appointed  shall  he  a  person  of  recognized  standing,  experience,  ability  and  knowledge 
in  and  concerning  dairy  and  other  food  products, 

.'{<><>*.  3  Bond;  annual  report.  The  said  Deputy  Food  Commissioner  shall,  before 
entering  upon  the  discharge  of  his  duties,  give  a  bond  in  the  sum  of  three  thousand 
dollars  S.i.ihk))  with  sureties  a-  provided  by  law.  to  he  approved  by  the  Governor 
and  conditioned  for  the  faithful  discharge  of  his  duties  and  the  accounting  for  all 
money  and  other  property  that  may  come  into  his  hands  hy  virtue  of  his  office. 
The  said  Deputy  Food  Commissioner  may  employ  a  clerk,  if  found  necessary,  whose 
salary  shall  not  exceed  Seventj  -five  I  tollars  I  $75  I  per  month. 

The  said  Deputy  Food  Commissioner  -hall  make  an  annual  report  totheGo> ernor, 
same  a-  other  -tate  officers,  on  or  before  the  first  da\  of  November,  of  each  year, 
giving  in  a  concise  manner,  in  said  report,  a  full  statement  of  the  condition  of  the 
food  and  dairy  interests  of  the  state,  and  making  such  recommendations  a-  he  may 
deem  best  to  improve  the  same;  including  receipt-  and  disbursements  of  hi-  office; 
and  such  report  -hall  be  printed  and  published  and  distributed  same  a-  reports  oi 
other  -tat.-  officers. 

.'{(WW.     i     Enforcement  of  food  laws;   dairy  laws;  sampling  for  analysis.     Th< 
Food  Commission,  through  it-  duly  accredited  officers,  -hall  he  charged  with  the 
enforcement  of  this  act  and  all  other  acts  and  law-  her.!  -.d.  orthat  maj 

hereafter-    he    pa— .-.I     concerning     butter,    Cheese,     '•imitation    butter,"      "imitation 

cheese/1  milk  and  cream,  vinegar,  cider,  and  all  law-  concerning  dairy  products, 
cider  or  vini  any  imitation  or  adulteration  thereof .    The  said  Food  Commis- 

sioner shall  have  control  over  the  subject  of  testing  milk  and  cream  in  the  -• 

1 1  od  commissioner's  duties  if  to  dairy  product-  and  vinegar  included. 


348  FOODS     AND    FOOD    CONTROL. 

Nebraska,  on  the  farm,  in  the  factory,  skimming  station,  milk  <>r  cream  depot,  milk 
or  cream  wagon,  or  any  other  place  -where  milk  or  cream  is  bought  or  sold,  and  may 
make  such  regulations  concerning  the  subject  of  testing  milk  and  cream  as  he  may 
deem  reasonable  and  just,  and  shall  have  power  to  establish  a  minimum  standard  of 
butter  fat  in  milk  and  cream.  The  said  Food  Commission  and  its  duly  accredited 
officers,  such  as  shall  be  duly  authorized  for  the  purpose,  shall  have  lull  access, 
ingress  and  egress  to  all  creameries,  cheese  factories,  skimming  stations,  cider  manu- 
factories, vinegar  manufactories,  farms,  buildings,  carriages,  cars,  vessels,  packages  or 
cans,  used  in  the  manufacture  or  sale  of  any  dairy  product,  cider  or  vinegar,  or  any 
imitation  thereof.  They  shall  also  have  power  and  authority  to  open  any  package, 
can  or  vessel  containing  such  dairy  product,  cider  or  vinegar,  or  any  imitation  or 
adulteration  thereof  which  they  may  have  reason  to  believe  may  be  manufactured, 
sold  or  exposed  for  sale  in  violation  of  the  provisions  of  this  act  or  other  acts  in 
relation  thereto,  and  may  inspect  the  contents  therein,  and  may  take  therefrom 
samples  for  analysis,  and  have  the  same  analyzed  by  a  competent  chemist,  for  which 
the  chemist  -hall  !>;•  allowed  a  reasonable  fee  not  to  exceed  Five  Dollars  ($5.00)  for 
each  analysis,  and  the  findings  of  such  chemist  shall  be  taken  as  prima  facie  evidence 
in  court,  and  in  all  prosecutions  under  this  act  when  such  analysis  has  been  made 
and  given  in  evidence,  the  said  fees  and  expenses  of  the  chemist  making  the  same, 
shall  be  taxed  as  costs  in  the  case,  the  same  as  other  costs  are  taxed.  All  persons 
knowingly  violating  this  act  shall  be  dealt  with  as  provided  in  this  act. 

.'{<>70.  (5)  Monthly  reports  from  makers  of  imitation  butter  and  cheese.  Every  person, 
firm  or  corporation  in  this  state  manufacturing  or  dealing  excepting  retailer  in  "imi- 
tation butter"  or  "  imitation  cheese,"  or  both,  shall,  on  or  before  the  tenth  day  of 
each  month,  on  blanks  provided  by  said  Food  Commissioner,  make  a  report  in  writ- 
ing to  said  Pood  <  lommissioner,  showing  the  amount  of  ••imitation  butter"  or  "imi- 
tation cheese,"  or  both,  sold  by  them  during  the  preceding  month,  size  of  packages 
used,  to  whom  and  when  sold,  business  location  of  the  purchaser,  amount  of  "imita- 
tion butter"  Or  "imitation  cheese,"  or  both,  on  hand  at  the  close  of  the  month's 
business,  and  such  other  items  and  facts  as  may  be  required  by  said  Food  Commis- 
sioner, verifying  the  same  under  oath,  and  specifying  particularly  that  they  have 
complied  with  all  the  state  laws  in  regard  to  such  "imitation  butter"  or  "imitation 
cheese,"  or  both,  as  the  case  may  be:  pro\  ided,  that  the  retailer  shall  not  be  required 
to  state  to  whom  sold  nor  location  of  the  purchaser. 

8671.  I  6)  Mah  rs  and  d\  alers  m  innta/iou  (lair;/  products  defined;  irlt<>/rs<t/c  ami  retail 
dealers  defined;  also  " creamery ,"  " cheese  factory ,"  and  "skimming  si<tti<m."  Every 
person,  firm  or  <•orj.orati.in  who  in  any  manner  produces  "imitation  butter"  or 
"  imitation  cheese,"  or  both,  as  the  same  is  now  defined,  or  may  hereafter  be  defined 
in  the  statutes  of  this  State,  shall  be  considered  a  manufacturer  of  "imitation 
butter"  or  "imitation  cheese"  or  both.     Every  person,  firm  or  corporation  who 

sella  or  offers  for  sale,  or  has  in  his  possession  for  sale  "  imitation  butter"  or  "  inii- 
tation  cheese"  or  both,  as   the  -am.'  i-   now  defined  in    the  statutes  of  this  Stat.',  or 

hereafter  may  be  defined,  in  packages  containing  ten  pounds  or  more,  shall  be 
deemed  a  wholesale  dealer  in  "  imitation  butter"  or  "  imitation  cheese"  or  both,  as 
the  case  may  be.     Every  person,  firm  or  corporation  who  sells  or  offer-  for  sale,  or 

hafl  in  hi-  possession  for  Bale,   "  imitation    butter"  or  "  imitation  cheese"  or  both,  a- 

the  aame  is  dow  defined  or  may  hereafter  be  defined  in  the  statute-  of  this  state,  in 
packages  containing  less  than  ten  pounds  each,  shall  be  deemed  a  retail  dealer  in 

'•  imitation  butter"  or  "  imitation  cheese  "  or  both.  Every  person,  firm  or  corpora- 
tion buying,  re-working  and  dandling  the  produd  commonly  known  and  called 
"store"  or  "dairy"  butter,  and  making  out  of  the  same  what  is  generally  known 
and  termed  "ladle"  or  "  factor)  "  butter,  shall  be  deemed  a  manufacturer  of  "  ladle" 
butter.  Ever)  person,  firm  or  corporation,  buying  and  selling  I. utter  or  cheese  or 
i.oth,  in  original  packages  uof  of  his  own  production,  whether  on  commission  or 


NEBRASKA.  349 

otherwi.se,  shall  be  deemed  a  wholesale  dealer  in  butter  or  cheese  or  both,  as  the 
case  may  be.  Every  person,  firm  or  corporation  who  manufactures  or  sells  annually 
fifty  or  more  barrels  of  cider,  as  defined  in  chapter  three  (3)  of  the  session  law.-  oi 
1897,  shall,  for  the  purposes  of  this  act,  be  deemed  a  wholesale  dealer  in  cider. 
Every  person,  firm  or  corporation  who  manufactures  or  sells  annually  fifty  (50)  or 
more  barrels  of  adulterated  cider,  as  defined  in  chapter  three  (3)  of  the  Session  Laws 
of  1897,  shall,  for  the  purposes  of  this  act,  be  deemed  a  wholesale  dealer  in  adulter- 
ated cider.  Every  person,  firm  or  corporation  who  manufactures  or  sells  annually 
fifty  (50)  or  more  barrels  of  cider  vinegar,  as  defined  in  chapter  four  (4)  of  the  ses- 
sion laws  of  1897,  shall,  for  the  purposes  of  this  act,  be  deemed  a  wholesale  dealer  in 
cider  vinegar.  Every  person,  firm  or  corporation  who  manufactures  or  sells  annually 
fifty  (50)  or  more  barrels  of  the  so-called  "grain"  vinegar,  "wine"  vinegar  or  "fruit" 
vinegar,  as  defined  in  chapter  four  (4)  of  the  sessions  lawsof  1897,  shall  for  the  purposes 
of  this  act,  be  deemed  a  wholesale  dealer  in  the  so-called  "grain  "  vinegar,  '•  wine  " 
vinegar  or  "fruit"  vinegar.  For  the  purposes  of  this  act,  a  creamery  shall  be  defined 
as  "a  factorv  where  cream  from  milk,  with  or  without  the  addition  of  salt  and  color- 
ing  matter,  is  churned  into  butter."  A  cheese  factory  shall  be  defined  as  "  a  factory 
where  milk,  with  or  without  the  addition  of  salt,  rennet  and  coloring  matter,  is  man- 
ufactured into  cheese.  A  "skimming  station"  shall  be  defined  as  "a  place  where 
milk,  from  not  less  than  five  patrons,  is  skimmed  by  machinery  and  the  cream 
resulting  therefrom  is  taken  to  a  creamery  to  be  churned." 

3672.  (7)  Permits  for  handling  imikUion  butter,  cider,  vinegar;  inspection.  It  shall 
be  unlawful  for  anv  manufacturer,  wholesale  or  retail  dealer  in  "  imitation  butter" 
or  "imitation  cheese"  or  both,  to  enter  upon  or  engage  in  the  business  of  producing, 
manufacturing,  handling,  or  having  in  his  possession  for  sale,  or  Belling  "imitation 
butter"  or  "  imitation  cheese  "  or  both,  without  first  procuring  from  said  Food  Com- 
missioner an  annual  permit,  said  permit  describing  the  occupation  and  place  of  bu>i- 
■  f  the  person,  firm  or  corporation  receiving  the  .-am.-,  and  conditioned  on  a 
faithful  observance  of  the  lawsof  the  state  by  him:  Provided^  That  any  manufac- 
turer of  "imitation  butter"  or  "imitation  cheese"  or  both,  who  sells  only  "imita- 
tion butter"*  or  "imitation  cheese"  or  both,  of  his  own  production  at  the  place 
of  manufacture  in  the  original  packages  shall  not  be  required  to  take  out  a 
permit  as  a  wholesaler.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  manufacture  "ladle  *'  butter  or  to  carry  on  the  business  of  manufacturing  "ladle" 
batter  to  carry  on  business  as  a  wholesale  dealer  in  butter  or  cheese,  or  both,  or  as  a 
wholesale  dealer  in  cider,  or  as  a  who], -ale  dealer  in  adulterated  cider,  or  as  B  w  hole- 
aale  dealer  in  cider  vinegar,  or  as  a  wholesale  dealer  in  Bo-called  "grain"  vii 
"wine"  vinegar  or  "fruit"  vinegar,  or  to  operate  any  creamery  or  cheese  Eactoryor 
skimming  station,  or  to  do  any  business  in  producing,  manufacturing,  handling,  or 

selling  the  product  so  made,  without  first  procuring  from  said   F I  Commissioner 

an  annual  permit,  said  permit  describing  the  occupation  and  place  of  busin<  as  of  the 
person,  firm  or  corporation  receh  ing  the  aame  and  conditioned  on  a  faithful  o 
ance of  the  laws  of  the  state  by  him.     All  applications  for  permits  under  thu 
shall  be  in  writing  addressed  to  the  said  Food  Commissioner,  verified  by  the  appli- 
cant Btating  that  after  this  ad  -hall  become  a  law  he  has  not  violated  any  of  the  pro- 
visions of  this  act 

It  is  further  provided  thai  the  said  F 1  Commission  through  its  accredited  "it 

shall  have  the  right  at  any  and  all  time-  to  inspect  the  premises,  methods,  and  pro,  - 

»fany  creamery,  cheese  factory,  Bkimming station,  manufacturer  of  ladle  but- 
ter, wholesale  dealer  in  butter  or  cheese,  or  both,  manufacturer  o!  cider,  manufac- 
turer of  adulterated  cider,  manufacturer  of  cider  vinegar,  manufacturer  of  "grain" 
"wine"  or  "fruit"  vinegar,  wholesale  dealer  in  cider,  wholesale  dealer  in  adulter- 
ated cider,  wholesale  dealer  in  cider  vinegar,  wholesale  dealer  in  "grain"  vii 

lour;       \    ,     0Q,    •  •    ;         ,,   <J 


350  FOODS  AND  FOOD  CONTROL. 

"wine"  vinegar  or  "fruit"  vinegar;  manufacturer  of  "imitation  butter"  or  "imita- 
tion cheese"  or  both,  wholesale  dealer  or  retail  dealer  in  "imitation  butter*'  or 
"imitation  cheese"  or  both  within  this  state,  within  the  provisions  of  this  act  or 
other  acts  relating  to  dairy  products,  cider  or  vinegar  or  any  imitation  or  adulteration 
thereof. 

3<)7.'$.  (8)  Cost  of  permits.  For  said  permits  and  the. services  performed  in  con- 
nection  therewith,  including  the  inspection  as  provided  by  this  act,  there  shall  1  e 
charged  and  collected  annually  as  follows:  From  each  manufacturer  of  "imitation 
butter"  or  "imitation  cheese"  the  sum  of  One  Hundred  Dollars  ($100.00);  from  each 
wholesale  dealer  in  "imitation  butter"  or  "imitation  cheese"  Fifty  Dollars  (S50. 00); 
from  each  retail  dealer  in  "imitation  butter"  or  "imitation  cheese"  Twenty-five 
Dollars  ($25.00);  from  each  wholesale  manufacturer  or  wholesale  dealer  in  adulter- 
ated cider,  Fifty  Dollars  ($60.00);  from  each  manufacturer  or  wholesale  dealer  in 
so-called  "  grain  "  vinegar,  "wine"  vinegar  or  "fruit"  vinegar  Fifty  Dollars  ($50.00) ; 
from  each  manufacturer  or  u  holesale  dealer  in  cider  Fifteen  Dollars  ($15.00);  from 
each  manufacturer  or  wholesale  dealer  in  cider  vinegar  Fifteen  Dollars  ($15.00);  froni 
each  creamery  Ten  Dollars  ($10.00);  from  each  cheese  factory  Ten  Dollars  ($10.00); 
from  each  skimming  station  One  Dollar  ($1.00);  from  each  manufacturer  of  "ladle" 
butter  Fifteen  Dollars  ($15.00);  and  from  each  wholesale  dealer  in  butter  or  cheese 
Ten  Dollars  ($10.00),  payable  in  each  and  every  case  into  the  Treasury  of  the  State 
of  Nebraska,  as  provided  by  law,  in  advance  of  the  issuance  of  said  permit. 

.'{<>74.  (9)  Revocation  of  permits.  If  any  person,  firm  or  corporation  to  whom  such 
permit  has  been  issued  shall  be  convicted  of  a  wilful  violation  of  any  of  the  pro- 
visions of  this  act.  such  conviction  shall  thereupon  "ipso  facto"  work  a  revocation 
of  such  permit  and  the  same  shall  hereafter  be  held  and  deemed  null  and  void. 

.'{(>75.  (10)  Prosecutions,  it  shall  be  the  duty  of  all  county  attorneys,  on  request 
of  the  Food  Commissioner  to  represent  and  prosecute  on  behalf  of  the  state  within 
their  respective  counties,  all  offenses  arising  under  the  provisions  of  this  act. 

•*{<>70.  (11  I  Penalty.  Any  person,  firm  or  corporation  violating  any  provision  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof,  shall  be 
punished  for  each  offense  by  a  fine  of  not  less  than  Ten  Dollars  ($10.00)  nor  more 
than  One  Hundred  Dollars  ($100.00)  in  the  discretion  of  the  court. 

It  is  further  povided  that  each  day's  failure  in  taking  out  the  permit  described 
above,  shall  constitute  in  each  of  the  above  cases  a  separate  and  distinct  offense. 

:><»  7  7.    (12)   Appropriation.      I'nconst  itut  ional. 

Approved,  Apr.  :;,  L899.     Compiled  statutes  L903,  ch.  :;:;,  pp.  900-904. 

7010.  (240a)  1.  Adulterated  food.  That  no  person  Bhall,  within  this  state  manu- 
facture lor  sale,  offer  lor  sale,  or  sell  any  article  of  food  which  is  adulterated,  within 

t he  meaning  of  this  act. 

7911.  (240b)  2.  ••/•'«»,</"  defined.  The  term  "food,"  as  used  herein,  shall  include 
all  articles  OSed  for  food  <>r  drink  by  man,  whether  simple,  mixed  or  compound. 

7012.  (240c)- 3.  Adulteration  defined.  An  article  of  food  shall  he  deemed  to  he 
adulterated  within  tin-  meaning  of  this  act  in  the  following  cases:  First,  If  any  snh- 
Btance  Or  BUbstancee  have  been  mixed  with  it,  BO  as  to  lower  or  depreciate,  or  injuri- 
ously affed    ils  quality,  Strength  or   purity;  Second,    If  any  inferior  or  cheaper  snl» 

stance  or  substances  have  been  substituted  wholly  or  in  part  for  it;  Third,  [f  any 
valuable  or  necessary  constituenl  or  ingredient  has  been  wholly  or  in  pari  abstract!  d 

from  it;    Fourth,    If  it  is  an  imitation  Of,  or  ie  sold  under  the  name  of  a  not  I  in- article; 

Fifth,  If  it  consists  wholly,  or  in  part,  of  ;i  diseased,  decomposed,  putrid,  infected, 
tainted  or  rotten  animal  or  vegetable  substance  or  article,  whether  manufactured  or 

not — or,  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  animal   or  diluted  with 
any   inferior   liquid    or   mixed   with    any    inferior  BUDStance;  Sixth,    If    il    is  coated, 

polished  or  powdered,  whereby  damage  or  inferiority  is  concealed,  or  if  by  any 


NEBRASKA.  351 

means  it  is  made  to  appear  better  or  of  greater  value  than  it  really  is:  Seventh,  If  it 
contains  any  added  substance  or  ingredient  which  is  poisonous  or  injurious  to  health, 
or fcny  deleterious  substance  not  a  necessary  ingredient  in  its  manufacture.  Pro- 
vided, that  the  provisions  of  this  act  shall  not  apply  to  mixtures  or  compounds 
recognized  as  ordinary  articles  of  food,  if  the  same  be  distinctly  labeled  as  mixtures 
or  compounds,  and  are  not  injurious  to  health,  and  contain  no  ingredient  not  neces- 
sary to  the  preparation  of  the  genuine  article  of  such  mixtures  or  compounds,  and 
from  which  no  necessary  ingredient  in  its  preparation  is  eliminated. 

71)13.  (240d)  4.  Samples.  Every  person  manufacturing,  offering  or  exposing  for 
sale  or  delivering  to  a  purchaser,  any  article  of  food  included  in  the  provisions  of  this 
act,  shall  furnish  to  any  person  interested,  <»r  demanding  the  same,  who  shall  apply 
to  him  for  the  purpose,  and  shall  tender  to  him  the  value  of  the  same,  a  sample 
sufficient  for  the  analysis  of  any  such  article  of  food  which  is  in  his  possession. 

71)14.  (240e)  5.  Penal!;/.  Whoever  refuses  to  comply,  upon  demand,  with  the 
requirements  of  section  four,  and  whoever  violates  any  of  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  -urn 
not  exceeding  one  hundred  nor  less  than  twenty-five  dollars,  or  imprisoned  in 
the  county  jail  not  exceeding  three  months.  And  any  person  found  guilty  of  manu- 
facturing, offering  for  sale  or  selling  an  adulterated  article  of  food  under  the  provi- 
sions of  this  act,  shall  be  adjudged  to  pay,  in  addition  to  the  penalties  hereinbefore 
provided  for,  all  necessary  costs  and  expenses  incurred  in  inspecting  and  analyzing 
such  adulterated  articles  of  which  said  person  may  have  been  found  guilty  of  manu- 
facturing, selling  or  offering  for  sale,  which  shall  be  adjudged  as  a  part  of  the  penalty 
by  the  court  in  the  same  action  wherein  he  is  found  guilty. 

Law-  L897,  ch.  99, sees.  1-5;  Compiled  Statutes  1903,  pp.   1«'7L)-1H74. 

7^!)5.  227  Unwholesome  meai  or  provisions;  penalty.  If  any  butcher  or  other 
person  shall  knowingly  sell  any  unwholesome  flesh  of  a  diseased  animal,  or  other 

unwholesome  provision,  he  or  Bhe  -hall  be   lined  in  any  sum  not  exceeding  fifty 

dollars. 

Compiled  Statutes  L903,  p.  L969. 

741)1).  Food  inspectors  under  health  commissioner.  *  *  *  Inspectors  of  meats, 
milk,  food  and  of  any  and  all  other  matter  and  things  relating  to  the  sanitary  condi- 
tion of  Mich  city  except  as  herein  otherwise  |>n>\  ided  shall  be  under  the  control  and 
direction  of  the  health  commissioner. 

Cobbey's  Supplement  L905,  pp.  246  246. 

7<>11.  Additional  food  control  powers  vested  in  municipalities.  In  addition  t«>  the 
powers  herein  granted,  cities  governed  by  this  act  shall  have  power  by  ordinance. 

7<51s.  *    To  provide  for,  license,  and  regulate  the  inspection  and  sale  of 

meat-,  iiom-,  poultry,  flsh,  milk,  vegetables  and  all  other  provisions  or  articles  of 
food  exposed  or  offered  tor  sale  in  the  city,  and  t<>  proscribe  the  weight  and  quality 
of  bread  exposed  or  offered  for  sale  in  the  loaf.  \l><>  to  provide  for  the  inspection 
of  freights  an. I  measures  or  weighing  apparatus. 

t  obbej  'a  Supplement  L905,  p.  277. 

ILCOHOLIC  BEV1  I;  \<  .1  - 

1288.  i  i:;  Everj  person  bo  licensed,  <•(■  any  other  person,  *  ho  shall  intentionally 
or  otherwise,  sell  or  giveaway,  or  direct,  "i   permit  any  person  "r  in  his 

employ  to  sell  or  give  away  any  malt,  spirituous,  or  vinous  liquors,  which  shall  be 
adulterated  with  strychnine,  strontia,  sugar  of  lead,  or  any  oth<  nee,  shall 


352  FOODS    AND    FOOD    CONTROL. 

forfeit  and  pay  the  sum  of  one  hundred  dollars  for  every  such  offense.  An  analysis 
made  by  a  practical  chemist  shall  be  deemed  competent  testimony  under  the  pro- 
visions of  this  section. 

Compiled  Statutes,  1903,  ch.  50,  p.  1045. 

CIDEK. 

500.(1)  Adulterated  cider.  That  no  person,  firm  or  company  shall  manufacture 
for  Bale,  offer  or  expose  for  sale,  sell  or  deliver,  or  have  in  his  possession  with  intent 
to  -ell  or  deliver,  any  cider  not  in  compliance  with  the  provisions  of  this  act.  No 
person,  firm  or  company,  shall  manufacture  for  sale,  produce,  sell,  keep  for  sale  or 
offer  for  sale  as  cider,  any  preparation  of  cider  containing  salicylic  acid,  formaline, 
preservit,  anti-ferment,  or  any  other  drug,  chemical  or  substance  that  does  not 
belong  to  the  apple  in  its  natural  state. 

501.  (2)  Cider  defined.  For  the  purposes  of  this  act  cider  shall  hi'  construed  to 
mean  pure  apple  juice,  absolutely  free  from  any  foreign  substaitce. 

50:2.  i  3  i  Cider  substitutes.  No  person,  linn  or  company  shall  manufacture  for  sale. 
s«-ll  or  keep  for  sale  or  offer  for  sale  any  product  or  substance  as  cider  or  for  cider 
which  is  not  cider. 

.">().'{.  (4)  Branding  of  adulterated  cider.  Any  person,  linn  or  company,  who  shall 
manufacture  for  sale,  sell  or  keep  for  sale,  or  offer  for  sale,  any  adulterated  cider,  shall 
plainly  mark  or  brand  on  the  head  of  each  keg,  cask  or  barrel,  or  package,  "adul- 
terated  cider,"  together  with  the  approximate  proportion  of  each  drug,  chemical,  or 
substance  used  in  its  content-. 

504.  (5)  Inspection,  sampling,  jjrosecution.  It  shall  be  the  duty  of  the  county 
attorney  of  each  of  the  counties  of  this  state,  when  complaint  shall  be  made  to  him 
that  adulterated  cider  is  being  sold  in  his  county,  to  immediately  inquire  into  the 
tacts,  and  he  or  any  deputy,  assistant,  or  expert  by  him  appointed  shall  have  access 
to  all  places  of  business,  factories,  or  buildings  where  cider  is  made  for  sale,  or  kept 
tor  sale,  and  shall  have  power  to  open  any  barrel,  cask  or  other  package,  believed  to 
contain  cider  manufactured  or  for  -ale,  or  kept  for  sale  in  violation  of  the  provisions 
of  this  act,  and  may  inspect  the  same  and  take  samples  for  analysis,  and  if  the  inves- 
tigation seems  to  sustain  the  charge,  he  shall  forthwith  tile  information  and  prosecute 

the  offenders  as  in  criminal  cases. 

505.  (6)  Penalty.  Whoever  violates  any  of  the  provisions  of  this  act  shall  upon 
conviction  be  lined  not  less  than  lift}'  dollars,  nor  more  than  one  hundred  dollars. 
or  imprisoned  not  less  than  thirty  days  nor  more  than  one  hundred  days,  or  both, 
for  each  offense  and  pay  the  costs  of  prosecution,  and  shall  further  be  adjudged  to 
pay  all  necessary  cost-  ami  expenses  incurred  in  inspection  and  analysis  of  such 

cider. 

Law-  is'.. 7.  ch.  3;   Compiled  Statute-  L903,  ch.  2,  art.    I,  pp.  101-102. 

DAIRY   PRODUCTS." 

• 
l'M'2.   (1)  Imitation  butter  and  cheest  defined.    That  for  the  purposes  of  this  act 

every  article,  BUbstaUCe  or ipoiind,  other  than  that    produced  from    pure  milk,  or 

cream  from  the  same,  made  in  the  Bemblance  of  butter  and  designed  to  be  used  a-  a 

substitute  for  butter  made  from  pure  milk,  or  cream  tr the  same,  is   hereby 

declared  to  be  imitation  butter,  and  that  for  the  purposes  of  this  act,  every  article, 
Bubstance  or  compound,  other  than  that  produced  from  pure  milk,  or  cream  from 
the  same,  made  in  the  semblance  of  cheese  and  designed  to  be  used  as  a  substitute 
for  cheese  made  from  pure  milk,  or  cream  from  the  same,  is  herebj  declared  to  be 


S<  e  ale moral  I 1  Laws. 


NEBRASKA.  353 

imitation  cheese:  Provided,  That  the  use  of  salt,  rennet,  and  other  harmless  coloring 
matter  for  coloring  the  product  of  pure  milk,  or  cream,  shal  "  not  be  construed  to 
render  such  product  an  imitation. 

7043.  (2)  Coloring  Imitations;  penalty.  No  peison,  firm  or  corporation,  by  himself, 
his  agent>.  servants,  or  employes,  shall  coat,  powder,  or  color  with  annatto,  or  any 
coloring  matter  whatever,  any  Bubstance  designed  as  a  substitute  for  butter  ore! 
whereby  such  substitute  or  product  so  colored  or  compounded  shall  be  made  to 
resemble  butter  or  cheese,  the  product  of  the  dairy.  No  person,  firm  or  corporation, 
by  himself,  his  agents,  or  servants  or  employes,  shall  combine  any  animal  fat.  or 
vegetable  oil,  or  other  substance  with  butter  or  cheese;  Or  combine  therewith,  or 
with  animal  fat,  or  vegetable  oil,  or  a  combination  of  the  two,  or  with  cither 
any  other  Bubstance  oi  substances  whatever;  ( >r  combine  with  annatto,  or  compound 
with  the  same,  or  any  substance  or  substances  containing  annatto,  or  compounds  of 
aame,  or  any  coloring  matter  whatever,  with  imitation  butter,  or  imitation 
cheese,  as  defined  in  the  first  section  of  this  act,  for  the  purpose,  or  with  the  effect, 
of  imparting  thereto  a  yellow  color,  or  any  shade  of  yellow,  so  that  such  imitation 
butter,  or  imitation  cheese,  shall  resemble  yellow  or  any  .-hade  of  genuine  butter  or 
cheese.  Nor  introduce  any  such  coloring  matter,  or  any  Bubstance,  or  substs 
containing  such  coloring  matter  into  any  one  of  the  articles  of  which  the  same  is 
composed.  Provided,  Nothing  in  this  act  shall  be  construed  to  prohibit  the  use  of 
salt,  rennet,  and  harmless  coloring  matter  for  coloring  the  products  of  pure  milk,  or 
cream  from  the  same.  No  person,  firm  or  corporation,  by  himself,  his  agents,  servants 
or  employe-,  shall  produce  or  manufacture  any  substance  in  imitation  or  semblance 
of  natural  butter,  or  cheese,  nor  -ell,  nor  have  in  hi-  tt,  nor  keep  for  Bale, 

nor  oiler  lor  -ale  any  imitation  butter,  or  imitation  cheese,  made  or  manufactured, 
compounded  or  produced,  in  violation  of  this  section,  whether  such  imitation  butter 
or  imitation  cheese  -hall  be  made  or  produced  in  this  state  or  elsewhere.  Every 
tub,  firkin,  or  box,  containing  imitation  butter,  or  imitation  cheese,  bo  produced, 
manufactured,  sold,  had  in  possession,  kept  for -ale,  or  offered  for  sale,  shall  consti- 
tute, and  i-  hereby  declared,  a  separate  and  distinct  offense,  on  the  part  of  the  pi 
lirm  or  corporation  bo  producing,  manufacturing,  selling,  having  in  possession,  keep- 
offering  for  Bale,  said  tub,  lirkin  or  box,  and  every  person,  firm  <»r 
corporation  violating  any  one  of  the  provisions  oi  this  section,  shall,  upon  conviction, 
be  lined  in  not  les-  than  ten  |  $10.00  I  dollar.-,  nor  more  than  twenty    |  .liars, 

for  each  offense.  And  further  provided.  That  this  section  shall  not  be  construed  to 
prohibit  the  manufacture  and  sale,  under  the  regulations  hereinafter  provided,  of 
substances  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  and  not  manfac- 
tured  or  colored  as  herein  prohibited. 

r.dl.  Branding.     Every  person,  firm  or  corporation,  who  lawfully  manufac- 

tures any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese,  -hall 
mark,  by  branding,  stamping  o  stenciling,  upon  the  tpp  and  aide  of  each  tub,  lirkin. 
or  box,  or  other  package,  in  wnich  such  article  be  kept,  and  in  which  it  shall  be 
removed  from  the  place  where  it  i-  produced,  in  a  clean,  legible,  and  durable  man- 
ner, in  the  English  language,  the  words,  "  Imitation  butter,"  or  "  Imitation  ,-i,. 
as  the  case  may  be.  in  printed  letters,  in  plain  Roman  type,  each  of  which  . 
■hall  not  be  less  than  one  inch  in  length,  by  one  inch  in  width. 

T'.M").      I      /        poriation  of  imitati  N       •'-  bj    him- 

self, hi-  agents,  servants,  or  employes,  shall  ship,  consign,  or  forv  tnmon 

carrier,  whether  public  or  private,  any  Bubstance  designed  stitute 

for  butter  or  cheese,  and  no  carrier  -hall  knowingly  receive  the  same  for  the  pi 
of  forwarding  or  transporting  unless  it  be  manufactured  ai  led  in 

the  ]  -  ->ections  of  this  act,  and  unless  it  be  • 


354  FOODS    AND    FOOD    CONTROL. 

receipted  for  by  its  true  name.  Provided,  That  this  act  shall  not  apply  to  any  good? 
in  transit  between  foreign  states  across  the  state  of  Nebraska. 

7^40.  (5)  Possession  of Unmarked  dairy  substitutes.  No  person,  firm  or  corporation, 
by  himself,  his  agents,  sen-ants,  or  employes,  shall  have  in  his  possession  or  under 
his  control,  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
unless  the  tul».  firkin,  box,  or  other  package  containing  the  same  be  clearly  and 
durably  marked,  a<  provided  by  section  three  (3)  of  this  act.  Provided,  That  this 
sectioD  shall  not  be  so  construed  as  to  apply  to  persons  who  have  the  same  in  their 
9sion  for  the  actual  consumption  of  themselves  or  family.  Every  person,  firm 
or  corporation,  by  himself,  his  agents,  servants,  or  employes,  having  in  his  posses- 
sion or  control,  any  substance  designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
which  is  not  marked  as  required  by  the  provisions  of  this  act,  shall  be  presumed  to 
have  known  during  the  time  of  such  possession  or  control,  the  true  character  and 
name  of  such  product,  as  fixed  by  this  act. 

7JJ4-7.  (6)  Substitutes  to  be  sold  at  such;  notice  to  purchaser.  No  person,  firm  or  cor- 
poration, by  himself,  his  agents,  servants,  or  employes,  shall  sell,  or  offer  for  sale, 
any  substance  designed  to  be  used  for  a  substitute  for  butter  or  cheese,  under  the 
name  of ,  *>r  under  the  pretense  that  the  same  is  butter  or  cheese;  and  no  person, 
firm  or  corporation,  by  himself,  his  agents,  servants,  or  employes,  shall  sell  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless  he  shall  inform 
the  purchaser  distinctly  at  the  time  of  sale,  that  the  same  is  a  substitute  for  butter 
Or  cheese,  as  the  case  may  be,  and  shall  deliver  to  the  purchaser,  at  the  time  of  sale, 
a  statement  clearly  printed  in  the  English  language,  which  shall  refer  to  the  article 
sold,  and  which  shall  contain  in  prominent  and  plain  Roman  type,  a  statement  that 
the  substance  SO  sold  is  a  substitute  for  butter  or  cheese,  as  the  case  may  be,  and  such 
statement  -hall  also  give  the  name  and  place  of  business  of  the  maker. 

7948.  (7)  Use  of  butter  and  cheese  substitutes  in  hotels,  etc.;  im/ics;  penalty.  No 
keeper  or  proprietor  of  any  bakery,  hotel,  public  institution,  dining  ear.-,  restaurant, 
saloon  lunch  counter,  or  place  of  public  entertainment,  or  any  person  having  charge 
thereof,  oi  employed  thereat,  or  any  person,  firm  or  corporation,  furnishing  board 
for  others  than  members  of  his  own  family,  or  for  any  employes  where  such  board  is 
furnished    for   a   compensation,  or  as  any  part  of  the  compensation   of  any  such 

employe,  shall  keep  use  or  serve  therein,  either  as  food  for  his  guests,  boarders, 
inmates,  patrons,  customers,  or  employes,  or  i"V  cooking  purposes,  any  imitation 
butter,  or  imitation  cheese,  a-  defined  in  section  |  1  |  our  of  this  act;  and  in  using  01 
serving  any  Bubstance  designed  as  a  substitute  for  butter  or  cheese,  as  herein  defined, 

he  or  they  shall  display  and   keep  posted  a  card  opposite  each  table  in  a  conspicuous 

place  where  the  same  may  be  easily  Been  and  read,  in  the  dining  room, eating  room. 
lunch  room,  restaurant,  hotel,  public  institution,  dining  car.  boarding  house,  saloon, 
or  place  of  public  entertainment,  and  place  where  such  substance,  designed  as  a  sub- 
stitute i-  Bold,  used  or  disposed  of,  which  card  shall  be  white,  and  in  si/.e  not  Less 

than  ten  by  fourteen  inches  <  LOl  I  I  in.  | ;  upon  which  shall  be  printed  in  plain,  black 

Roman  letters,  not  less  in  size  than  our  inch  in  Length  and  one-half  inch  in  width, 
the  words  "Imitation  butter  used  here,"  or  "Imitation  cheese  u-n\  here,"  asthe 

i.iy  be,  and  said  cards  shall    not    contain   any  other  words  than  the  Ones  abovr 

described  Any  person,  firm  or  corporation,  violating  the  provisions  of  this  -ret ion. 
shall  upon  conviction  thereof,  be  punished  bya  fine"  of  not  less  than  twenty-five 

00)  dollars,   not    over  fifty  ($60.00)  dollars,  or   by  imprisonment    iii    the  county 

jail  for  not  more  than  thirtj    80    da 

7949.  (8     /'     "'"       Whoever  shall  violate  any  of  the  provisions  of  sections  three 
<:;  I,  four  i  1 1,  I-  8   and  nine  9  of  this  act  shall,  for  the  firsi  offense,  be  pun- 
ished bya  fine  of  nol  Less  than  twenty-five  126  00  dollars,  nor  more  than  fifty  1 160.00 
dollars,  or  by  imprisonment   not  exceeding  thirty  days;  and  for  each  subsequent 
offense  by  a  fine  of  not  Less  than  fifty  ($60.00    dollars  nor  more  than  one  hundred 


NEBRASKA.  355 

($100.00)  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  thirty  days  nor 
more  than  six  months,  or  by  both  such  line  and  imprisonment  in  the  discretion  of  the 
court.  Provided,  however,  That  no  provision  of  or  in  this  act  shall  be  construed  X<> 
prevent,  or  as  a  penalty  against,  the  manufacture  of  imitation  butter  and  imitation 
cheese  within  this  state,  under  the  restrictions  and  provisions  of  the  United  States 
law,  for  shipment  to  points  outside  of  this  state. 

7950.  (9)  Action  by  party  to  fraud;  mutilating  labels.  No  action  can  be  maintained 
on  account  of  any  sale  or  other  contract  made  in  violation  of,  or  with  intent  to  violate, 
any  of  the  provisions  of  this  act  by  or  through  any  person,  firm  or  corporation  who 
was  knowingly  a  party  to  such  wrongful  sale  or  other  contract.  Whoever  shall 
mutilate,  obscure,  conceal,  efface,  cancel  or  remove,  any  mark  provided  for  by  this 
act,  or  cause  or  permit  the  same  to  be  done,  with  intent  to  mislead,  deceive,  or  to 
violate  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

7951.  (10)  Substitute  butter  and  chute  sold  as  genuine.  Whoever  Bells,  or  offers  for 
sale,  to  any  person  who  asks,  sends  or  enquires  for  butter,  imitation  butter,  or  imi- 
tation cheese,  or  any  substance  made  in  imitation  of  or  semblance  of  pure  batter, 
not  made  entirely  from  milk  of  cows,  with  or  without  coloring  matter,  shall  be  guilty 
of  fraud  and  punished  by  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars  nor  more 
than  fifty  ($50.00)  dollars  for  each  offense. 

Approved,  March  5,  1895.     Compiled  Statutes,  1903,  pp.  1080-1984. 

7903.  (234)  Diseased^  diluted,  or  adulterated  milk.     Whoever  shall  knowingly  sell 

to  any  person  <>r  persons,  or  Bell,  deliver,  or  bring  to  be  manufactured  to  any 
cheese  or  butter  manufactory  in  this  State,  any  milk  diluted  with  water,  or  in  any 
way  adulterated,  or  milk  from  which  any  cream  has  been  taken,  or  milk  commonly 
known  as  "skimmed  milk."  or  shall  keep  back  any  part  of  milk  known  as  "strip- 
ping." with  intent  to  defraud,  or  shall  knowingly  sell  milk  the  product  of  a 
diseased  animal  or  animals,  or  shall  knowingly  use  any  poisonous  or  deleterious 
material  in  the  manufacture  of  cheese  or  butter,  shall  be  lined  in  any  sum  not  less 
than  twenty-tive  dollars,  nor  more  than  one  hundred  dollars,  and  be  liable  in  double 
the  amount  of  damages,  to  the  person  or  persons,  upon  whom  such  fraud  shall  be 
committed. 

Compiled  Statutes,  L903,  p.  L971. 

7989.     !■   Labeling  of  butter  and  cheese  imitations.    That  any  person,  company,  or 

Corporation  who  shall   manufacture   for  Bale  any  article,  or  who  may  offer  or  expose 

for  sale  any  article  or  Bubstance  in  semblance  of  butter  or  cheese,  no!  the  Legitimate 

product  of  the  dairy,  and  not  made  exclusively  of  milk  or  cream,  but  into  which  any 

ible  oil   Or   the  Oil  or  fat  of   animals  Dot  produced  from  milk  enter.-  BS   B 
pouent    part,  or   into  which  melted  butter  or  any  oil  thereof  ha-  been  introduced  to 
take  the  place  of   cream,  shall   distinctly  and  durably  stamp,  brand    or   mark  upon 

every  tuli.  firkin,  box,  or  package,  of  such  article  orsubstance  the  word  oleomargarine 
orbutterine,  in  plain  Roman  letters  not  less  than  half  an  inch  square,  placed  hori- 
zontally in  proper  order,  and  In  case  of  retail  sales  of  such  article-  or  substan< 

parcel-,  the  seller  shall    in  all    cases  deliver  therewith  to  the  purchaser  a  writ:. 

printed  label,  bearing  the  plainly  written  or  printed  word  oleomargarine  or  butter- 
ine  in  type  or  letters  -aid.  and  every  salcf  such  article  or  substance  • 

stamped,  branded,  marked,  or  labeled,  shall  be  void,  and  do  action  shall  be  main- 
tained for  the  price  thereof. 

7940.    2     /'  realty.     Any  person,  company,  or  corporation  who  shall  sell,  oroff< 
sell,  or  have  in  his  or  her  possession  with  intent  to  sell,  contrary  to  the  pr 

this  act.   any  of   the  -;iid  article-   DOt    BO  -tamped,  marked,  or  labeled,  Or 

retail-ale.  without  delivery  of  the  label  required  by  section  one  ol  t; 


356  FOODS    AND    FOOD    CONTROL. 

each  such  offend  forfeit  and  pay  a  fine  of  one  hundred  dollars,  to  be  recovered  in 
any  court  in  the  state  of  competent  jurisdiction. 

7041.  (3)  Unlabeled  butter  and  cheese  substitutes.  That  any  person,  company,  or 
corporation  who  shall  sell,  or  offer,  or  expose  for  sale,  or  shall  cause  or  procure  to 
be  sold  any  article  required  by  the  first  section  of  this  act  to  be  marked,  branded, 
stamped,  or  labeled,  not  so  marked,  branded,  stamped,  or  labeled,  shall  be  guilty  of 
a  misdemeanor,  and  on  trial  for  such  misdemeanor,  proof  of  the  sale  or  offer,  or 
exposure  alleged,  shall  be  presumptive  evidence  of  knowledge  of  the  character  of  the 
article  so  sold  or  offered. 

7952.  Sale  of  diluted,  adulterated,  or  unclean  milk  to  butter  or  cheese  factories.  Who- 
ever shall  knowingly  sell  or  supply  or  bring  to  be  manufactured  to  any  cheese 
manufactory,  butter  manufactory,  or  creamery  in  this  State,  any  milk  diluted  with 
water  or  in  any  way  adulterated,  or  milk  from  which  any  cream  has  been  taken,  or 
milk  commonly  known  as  "skimmed  milk;"  or  whoever  shall  keep  any  part  of  the 
milk  known  as  "strippings,"  or  whoever  shall  knowingly  bring  or  supply  milk  to 
any  cheese  manufactory,  butter  manufactory,  or  creamery,  that  is  tainted  or  partly 
sour  from  want  of  proper  care  in  keeping  pails,  strainers,  or  any  vessels  in  which  said 
milk  is  kept,  clean  and  sweet,  after  being  notified  of  such  taint  or  carelessness,  or 
any  cheese  manufacturer  or  butter  manufacturer  who  shall  knowingly  use,  or  direct 
any  of  his  employes  to  use,  for  his  or  their  individual  benefit,  any  cream  of  the  milk 
brought  to  the  cheese  or  butter  manufacturer,  without  the  consent  of  all  the  owners 
thereof,  shall,  for  each  and  every  offense,  forfeit  and  pay  a  sum  of  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars,  with  the  costs  of  suit  to  be 
sued  for  in  any  court  of  competent  jurisdiction,  for  the  benefit  of  the  person  or  per- 
sons, firm,  association,  or  corporation,  or  their  assignees,  upon  whom  such  fraud  be 
committed. 

Compiled  Statutes,  1903,  pp.  1980  and  1984. 

VINEGAR* 

.■)<><;.  il  |  Pure  cider  vinegar  defined.  No  person,  firm  or  company  shall  manufac- 
ture for  sale,  offer  or  expose  for  sale,  sell  or  deliver,  or  have  in  his  possession  with 
intent  to  sell  or  deliver,  any  vinegar,  not  in  compliance  with  the  provisions  of  this 
act.  No  vinegar  shall  be  sold  as  apple,  orchard,  or  eider  vinegar,  which  is  not  the 
Legitimate  product  of  pure  apple  juice,  known  as  apple  cider,  or  vinegar  not  made 
exclusively  of  said  apple  cider,  or  vinegar  into  which  foreign  substance,  drugs,  or 
acids  have  been  Introduced,  or  which  upon  proper  tesi  shall  contain  less  than  two 
percent  by  weight  of  cider  vinegar  solids,  upon  full  evaporation  at  the  temperature 
of  boiling  water. 

507.  (2)  Branding  of  cider  vinegar.  Every  manufacturer  or  producer  of  cider 
vinegar,  when  offering  it  for  sale,  shall  plainly  mark  or  brand  on  the  head  of  each 
cask,  barrel,  keg.  or  other  package  containing  such  vinegar,  his  name  and  place  of 
business,  ami  the  words  "cider  vinegar,"  and  no  person  shall  Label  or  brand  as  cider 
nnegar  or  for  cider  vinegar  any  package  containing  vinegar  which  is  qo1  cider 
vinegar. 

508.  (3)  Branding  of  other  vinegars.  Every  person,  firm  or  company  manufactur- 
ing for  Bale,  keeping  for  sale,  or  offering  for  sale  any  of  the  bo  called  grain  vinegars, 
wine  vinegars,  or  fruit  vinegars,  shall  place  them  on  the  market  without  artificial 
coloring,  with  a  brand  or  label  on  each  barrel,  cask,  or  other  package  clearly  indi- 
cating the  name  and  place  of  business  of  the  manufacturing  person,  firm,  or  company, 
with  the  nan  !••  of  the  grain  or  fruit  from  which  the  contents  are  made. 

509.  |  1 1  Addition  of  foreign  substances  or  coloring  matter.  All  vinegar  shall  he 
made  wholly  from  1 1  m  •  fruit  or  grain  from  which  it   purports  to  be  or  is  represented 

l  Laws, 


NEBRASKA.  357 

to  be  made,  and  shall  contain  no  foreign  substance  or  artificial  coloring,  and  shall 
contain  not  less  than  four  per  cent  by  weight  of  absolute  acetic  acid. 

510.  (5)  Injurious  ingredients.  No  person,  firm,  or  company  shall  manufacture 
for  sale  or  offer  for  sale  or  have  in  possession  with  intent  to  sell,  any  vinegar  con- 
taining any  preparation  of  lead,  copper,  sulphuric,  or  other  mineral  acid,  or  other 
ingredients  injurious  to  health. 

511.  (6)  Inspection;  sampling;  prosecuting.  It  shall  be  the  duty  of  the  county 
attorney  of  each  of  the  counties  of  this  state,  when  complaint  shall  be  made  to  him, 
that  adulterated  vinegars  are  being  sold  in  his  county,  to  immediately  inquire  into 
the  facts,  and  he  or  any  deputy,  assistant,  or  expert  by  him  appointed  shall  have 
access  to  all  places  of  business,  factories,  or  buildings  where  vinegar  is  made  for  sale, 
or  kept  for  sale,  and  shall  have  power  to  open  any  barrel,  cask,  or  other  package, 
believed  to  contain  vinegar  manufactured  or  for  sale,  or  kept  for  sale  in  violation  of 
the  provisions  of  this  act.  And  may  inspect  the  same  and  take  samples  for  analysis. 
And  if  the  investigation  seems  to  sustain  the  charge,  he  shall  forthwith  file  informa- 
tion and  prosecute  the  offenders  as  in  criminal  cases. 

512.  (7)  Penalty.  Whoever  violates  any  of  the  provisions  of  this  act  shall,  upon 
conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  or 
imprisoned  not  less  than  thirty  days  nor  more  than  one  hundred  days,  or  both,  for 
each  offense  and  pay  the  cost  of  prosecution,  and  shall  further  be  adjudged  to  pay 
all  necessary  costs  and  expenses  incurred  in  inspection  and  analyzing  such  vinegar. 

Laws  1897,  ch.  4;  Compiled  Laws  1903,  ch.  2,  art.  4,  pp.  102-103. 

WATER. 

7J)S9.  (229)  If  any  person  or  persons  shall  put  any  dead  animal,  carcass,  or  part 
thereof,  or  other  filthy  substance,  into  any  well,  or  into  any  Bpring,  brook,  or  branch 
of  running  water,  of  which  use  is  made  for  domestic  purposes,  every  person  so  offend- 
ing shall  be  lined  in  any  sum  Dot  less  than  two,  nor  more  than  forty  dollars. 

Compiled  Statutes  L903,  y.  1970. 

STANDARDS. 

Milk  and  Cream.  I.  Ezra  P.  Savage,  governor  of  the  state  of  Nebraska,  by  virtue 
of  the  authority  vested  in  me  by  law  as  said  (f li  commissioner,  ex-officio,  do 

hereby  lix  and  establish  as  the  minimum  standard  :;  per  cent  butter  fat  for  milk  and 
1.")  per  cent  butter  fat  for  en-am.  And  1  do  hereby  require  that  all  milk  and  cream 
DOUghl  and  sold  or  offered    for  sale  within  the  Mate  of   Nebraska  for  consumption   in 

their  respective  forms  Bhall  be  at  least  of  t  be  foregoing  standard  and  the  sale  or  offer- 
ing for  sale  of  either  at  a  Lower  Standard  is  hereby  declared  to  be  unlawful. 

Established  by  proclamation,  Dec.  12,  1901. 


NEVADA. 

The  food  laws  of  this  State  provide  no  officer  for  their  administra- 
tion, and  no  attempt  has  been  made  to  enforce  them. 

GENERAL  FOOD  LAW. 

47(>s.  (131)  Penalty  for  selling  unwholesome  food  or  drink.  If  any  person  or  per- 
sons shall  knowingly  sell  any  flesh  of  any  diseased  animal,  or  other  unwholesome 
provisions,  or  any  poisonous  or  adulterated  drink  or  liquors,  every  person  so  offend- 
ing shall  be  fined  not  more  than  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  not  more  than  six  months. 

General  Statutes  1885,  sec.  4677,  p.  1039;  Compiled  Laws  1900,  p.  928. 

CANDY. 

507(>.  Addition  of  injurious  substances.  No  person,  firm,  or  corporation  shall,  either 
directly  or  by  agent  or  employee,  or  as  the  agent  or  employee  of  any  other  person, 
firm  or  corporation,  manufacture  for  sale,  or  knowingly  sell,  or  offer  for  sale  any 
candy  adulterated  by  the  admixture  of  terra  alba,  barytes,  talc,  or  any  other  mineral 
substance,  or  by  poisonous  colors,  or  flavors,  or  other  matters  or  ingredients  delete- 
rious or  injurious  to  health. 

5077.  Destruction  of  adulterated  candy.  Any  candy  so  adulterated  shall  be  seized 
by  any  police,  constabulary  or  arresting  officer,  and  shall  be  destroyed  under  the 
direction  of  the  Judge  of  the  court  before  whom  any  complaint  shall  be  made  for  a 
violation  of  any  provision  or  requirement  of  this  Act. 

5078.  Penalty.  Any  person  violating  any  provision  or  requirement  of  this  Act 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  nor  less  than  ten 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  not  exceeding  titty  days, 
nor  loss  than  twenty-five  days. 

Compiled  Laws,  L900. 

DAIRY   PRODUCTS. 

1^)7.  Penalty  for  selling  adulterated  milk.  Any  person  or  persons  who  shall  know- 
ingly Bell  or  exchange,  or  expose  for  sale  or  exchange,  any  Impure,  adulterated  or 
unwholesome  milk,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  for  each  and 

every  offen-e:  and    it'  the   fine   is   Q01    paid,  the  said   person  or  persons  SO  convicted 

shall  be  imprisoned,  In  the  county  jail,  for  not  Less  than  thirt}  days 

tsi»s.  Penalty  for  unsanitary  care  of  cons,  etc.     Any  person  or  persons  who  shall 

adulterate   milk,  with  the  view   of  offering  the  same   for  sale  or  exchange,  or  shall 

keep  cows  for  t  he  production  of  milk  for  market,  or  for  sale  or  exchange,  in  a  crowded 

or  unhealthy  condition,  or  feed   the  same  on  food   that  produces   impure,  diseased  I  «r 

unwholesome  milk,  or  who  shall  sell  or  exchange  or  offer  to  sell  or  exchange  any 

milk  as   pure,  from  which  the  cream  or  any  portion   thereof  h;is   been  taken,  except 

as  hereinafter  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 

thereof  shall  he  puni-hed  hy  a  line  of  UOl   leSS  than  one  hundred  dollars  for  each  and 
every  ol'l'eii-e;   and  if  the  tine  18  not  paid,  the  person  or  persons  BO  convicted  shall  he 

imprisoned,  in  the  county  jail,  for  not  lose  than  thirty  days. 


NEVADA.  359 

4800.  Penalty  for  dilution  of  milk  or  improper  feeding  of  cow*.  The  addition  of 
water  or  any  substance  is  hereby  declared  an  adulteration;  any  milk  that  is  obtained 
from  animals  that  are  fed  on  distillery,  brewery,  hotel,  or  restaurant  waste,  usually 
called  "swill,"  or  upon  any  substance  in  a  state  of  putrefaction,  or  upon  impure 
matter  from  stalls  and  stable3,  is  hereby  declared  to  be  impure  and  unwholesome, 
and  any  person  or  persona  offending,  as  aforesaid,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  for  each  and  every  offense;  and  if  the  fine  is  not  paid,  the  per- 
son or  persons  so  convicted  shall  be  imprisoned,  in  the  county  jail,  for  not  less  than 
thirty  days. 

4000.  Skimmed  milk.  Nothing  in  this  Act  shall  be  construed  to  prevent  the  sale  of 
skimmed  milk,  provided  the  person  or  persons  selling  the  same  shall  first  make 
known  the  fact  that  it  is  skimmed  milk,  and  shall  sell  it  as  such;  and  any  person  or 
persons  who  shall  violate  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  subject  to  the  penalties  prescribed 
in  section  two  of  this  Act. 

4001.  Disposition  of fines.  The  penalties  hereinbefore  provided  shall  be  recover- 
able before  any  court  having  jurisdiction  of  the  same;  one-half  of  such  fine  shall  be 
paid  to  the  person  or  persons  who  shall  make  the  complaint  and  prosecute  the  Bame, 
and  the  other  half  shall  be  paid  into  the  school  fund. 

4002.  ( 1  )  Milk  inspector.  There  shall  be  appointed  by  the  Board  of  County  Com- 
missioners of  said  county  a  Milk  Inspector,  whose  duty  shall  be  as  provided  in 
section  two  of  this  Act. 

4903.  (2]  thtty  of  inspector.  It  shall  be  the  duty  of  said  Milk  Inspector  to  inspect 
milk  offered  for  Bale  by  vendor-  in  his  county,  and  if  found  adulterated,  unwhole- 
some and  impure,  he  shall  cause  the  arrest  of  said  vendor  or  vendors,  and  prosecute 
them  in  any  court  of  competent  jurisdiction  in  this  state. 

4004.  (3)  Penalty.  If  said  vendor  or  vendors  are  found  guilty  of  the  violation  of 
thifi  Act.  and  the  A.ct  to  which  this  is  supplemental,  they  shall  be  tined  in  any  sum 
not  Leefi  than  twenty-five  dollars,  nor  more  than  two  hundred  dollars,  or  be  impris- 
oned in  the  county  jail  for  not  less  than  fifty  nor  more  than  one  hundred  days.      All 

tine-  under  the  provisions  of  this  Act  to  be  paid  into  the  school  fund. 

40or>.  (4)  Salary  of  inspector.  The  compensation  for  said  Milk  Inspector's  services 
shall  be  regulated  and  ordered  paid  by  the  Board  of  County  Commissioners  of  hi< 

county. 

4000.  (1)  Penalty  for  sate  of  imitation  butter.     Every  person  who  shall  manufacture 

for  sale  any  article  or  -uh-tance  in  semblance  of  butter,  that  is  not  the  legitimate  prod- 
uct of  the  dairy,  and  DOt  made  exclusively  of  milk  or  cream,  but  into  which  the  oil 
or  fat  of  animal-,  not  produced  from  milk,  enters  a>  a  component  part,  or  into  which 
melted  butter,  or  any  oil  thereof  ha-   been   introduced,  to  take  the  place  of  cream. 

unless  the  package  containing  such  article  or  Bubstance  shall  be  labeled  or  branded 
with  the  word  "oleomargarine,"  as  provided  in  section  two  of  thi<  Act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  .-hall  be  tined  in  any 
sum  not  exceeding  five  hundred  dollars,  and  shall  be  confined  in  the  county  jail  not 

less  than  thirty  days  nor  more  than  six  month-. 

4007.     2     Branding  of  imitation  butter;  penalty.     Ev<  a  who  shall  sell,  or 

offer,  or  expose  for  sale,  Or  have  in  hi- or  her  possession  with  intent  to  -ell  an\  of 
t lie  -aid  article  or  -uh-tance  mentioned  in  section  one  of  this  let,  shall  distinctly 
mark,  brand  or-  label  ever)   pa  mtaining  such  Bubstance,  whether  at  whole- 

Bale  or  retail,  with  the  word  "oleomargarine,"  and  everj  person  who  shall  sell,  or 
offer  for  sale,  such  Bubstance  not  bo  branded,  marked,  or  labeled,  -hall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  therefor,  in  any  court  in  this  state  having  cogni- 
sance thereof,  -hall  pay  ■  fine  of  not  lees  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars  for  each  and  e\  en 


360  FOODS  AND  FOOD  CONTROL. 

400S.  (3)  Size  of  brands.  The  branding  or  marking  of  spoken  in  this  act,  if  on 
rolls  or  prints,  shall  be  in  letters  not  less  than  one-fourth  of  an  inch  square,  and  if  on 
tubs  or  other  packages,  the  letters  shall  not  be  less  than  one-half  inch  square. 

Compiled  Laws,  1900. 

MEAT. 

826.  Diseased  or  unwholesome  products.  No  person  shall  bring,  expose  or  offer  for 

sale,  or  sell  in  any  city,  town  or  hamlet  within  this  state  for  human  food  any 

1.  Blown,  meagre,  diseased  or  bad  meat,  poultry  or  game;  or 

2.  Unsound,  diseased,  or  unwholesome  fish,  fruit,  vegetables,  or  other  market 
produce. 

s*2  7.  Diseased  animals.  No  person  shall  bring,  expose,  or  offer  for  sale,  or  sell  in 
any  city,  town  or  hamlet  within  this  state 

1.  Any  sick  or  diseased  animal,  or 

'2.  The  flesh  of  any  animal  which,  when  killed,  was  sick  or  diseased,  or  that  died 
a  natural  or  accidental  death. 

s-Js.  Slaughter  of  calves.  No  person  shall  slaughter,  expose  for  sale  or  sell,  or  bring 
or  caUB€  to  be  brought  into  any  city,  town  or  hamlet  within  this  state,  for  human 
food,  any  calf  unless  it  is  in  good,  healthy  condition  and  four  weeks  of  age. 

s%_,(.).  Offer  t"  sell  equivalent  to  a  sale.  Any  article  or  animal  that  shall  be  offered  or 
exhibited  for  sale,  in  any  part  of  this  state,  in  any  market  or  elsewhere,  as  though 
it  was  intended  for  sale,  shall  he  deemed  offered  and  exposed  for  sale,  within  the 
intent  and  meaning  of  this  Act. 

s:{0.  Forfeitun  of  prohibited  products.  Any  person  or  persons  who,  in  violations  of 
the  preceding  sections  of  this  act,  shall  bring  within  this  state,  city,  town  or  hamlet. 
slaughter  or  sell,  or  expose  for  sale  any  article  or  animal  (therein  prohibited  from 
sale)  which  is  unfit  or  unsafe  for  human  food  shall  forfeit  the  same  to  the  authorities. 

Compiled  haw-.  1900. 

WATER. 

4s:{.">.  !  Defiling  of  water  supply.  Any  person  or  persons  who  shall  deposit  or 
allow  to  he  deposited  by  any  person  or  persons  in  their  employ,  into  any  stream  or 

stream-  of  water,  any  sawdust,  rubbish,  or  filth,  that  will  render  such  water  impure 
or  unfit  for  drinking  or  cooking  purposes,  or  in  any  way  injurious  to  any  agricultural 
land-,  upon  which  it  may  In-  necessary  for  the  owner  or  owners  of  such  lands  to  use 
such  water  for  irrigating  purposes,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  any  court  of  competent  jurisdiction,  shall  be  lined 
within  the  sum  of  not  less  than  twenty-live  dollars  nor  more  than  five  hundred  dol- 
lars, exclusive  of  COUrl  COSts;   provided,  that  nothing  in  this  Act  shall  apply  to  those 

engaged  in  working  i 

lv;<;.  2  Disposition  of  fines.  All  line-  collected  under  the  provisions  of  the  pre- 
ceding section  of  this  Ad  -hall  be  distributed  as  follows:  One-half  to  be  paid  into 
the  school  fund  of  the  county  in  which  such  complaint  shall  have  been  made;  the 
other  half  shall  be  paid  to  the  party  or  parties  making  the  complaint 

Compiled  haws,  l'.too. 

Bac.  l.  Defiling  of  water  supplies;  penalty;  exemptions.  Any  person  or  persons,  firm, 
company,  corporation  or  association  in  this  state,  <»r  the  managing  agent  of  any  per- 
son or  persons,  firm,  company,  corporation  or  association  in  this  state,  or  any  duly 

elected,  appointed  or  lawfully  created  state  officer  of  tin-  state,  or  any  duly  elected, 

appointed  or  lawfully  created  officer  of  any  COUnty,  city,  town,  municipality,  or 
municipal  government  in  this  State,  who  shall  deposit,  or  who  Shall  permit  or  allow 

any  person  or  person-  in  their  employ  or  under  their  control,  management  or  dii 


ec- 


NEVADA.  361 

tion  to  deposit  in  any  of  the  waters  of  the  lakes,  rivers,  streams  and  ditches  in  this 
State  any  sawdust,  rubbish,  filth,  or  poisonous,  or  deleterious  substance  or  substances, 
liable  to  affect  the  health  of  persons,  fish,  or  live  stock,  or  place  or  deposit  any  such 
deleterious  substance  or  substances  in  any  place  where  the  same  may  be  washed  or 
infiltered  into  any  of  the  waters  herein  named,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  in  any  court  of  competent  jurisdiction  shall  be 
fined  in  any  sum  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollar.-, 
exclusive  of  Court  costs;  provided,  that  in  cases  of  State  institutions,  municipalities, 
towns,  incorporated  towns  or  cities,  when,  owing  to  the  magnitude  of  the  work. 
immediate  correction  of  the  evil  is  impracticable,  then  in  such  cases  the  authorities 
shall  adopt  all  new  work,  and  as  rapidly  as  possible  reconstruct  the  old  [systems  of 
drainage,  sewerage  and  so  as  to  conform  with  the  provisions  of  this  Act;  and  pro- 
vided further,  that  all  such  new  and  reconstructed  Bystems  shall  be  completed  within 
four  years  from  the  date  of  passage  hereof;  provided,  that  nothing  in  this  Ad 
shall  be  so  construed  as  to  permit  mining  or  milling  companies  to  dump  tailings 
directly  into  any  stream  in  this  State  so  as  to  prevent  or  impede  the  natural  Mow  of 
such  stream.  Nothing  in  this  Act  shall  be  so  construed  as  to  apply  to  any  quartz 
mill  or  ore  reduction  works  in  this  State. 

Sec.  2.  Definitions.  For  the  purposes  of  this  Act  the  word  "ditch  v  shall  be  con- 
strued to  mean  any  ditch,  canal,  channel  or  artificial  waterway,  used  for  carrying  or 
conducting  water  into  any  reservoir  from  which  it  may  be  used  or  distributed,  for 
domestic  purposes,  to  any  person  in  this  State,  or  to  any  person  in  any  county,  city. 
town  or  municipality  in  this  State. 

>k«  .  :$.  Appropriation.  The  sum  of  three  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  State  Treasury,  Dot  otherwise  appropriated,  subject  to  the 
disposal  of  the  Governor  of  this  State,  for  the  purpose  of  enforcing  the  provisions  oi 
this  Act,  either  in  the  Courts  of  this  State  or  in  the  Courts  of  the  United  States,  such 
expenditure  to  be  allowed  and  paid  as  other  claims  against  the  State  are  allowed  and 
paid. 

4.   Effect.     This  act  shall  take  effect  and  be  in  force  from  and  after  the  firsl 
day  of  July,  A.  I),  nineteen  hundred  and  four. 

Approved  March  20,  L903.      Statutes  of  L9Q3,  Ch.  122,  pp.  lM4-lm:>. 


NEW  HAMPSHIRE. 

With  the  exception  of  the  oleo  law  (chapter  115,  Laws  of  1895. 
See  p.  368),  which  is  placed  in  charge  of  the  State  board  of  agriculture, 
the  food  laws  of  New  Hampshire  are  administered  by  the  State  hoard 
of  health.  In  reply  to  a  letter  of  inquiry,  the  following  statement 
was  made  by  Dr.  Irving  A.  Watson,  the  secretary  of  that  organiza- 
tion and  director  of  the  laboratory  of  hygiene: 

I  am  not  prepared  at  this  time  to  go  into  the  matter  in  detail,  but  would  say  in  a 
general  way  that,  although  our  present  law  has  been  on  the  statute  books  for  many 
years,  no  provision  whatever  was  made  for  its  enforcement  until  about  four  years 
a-",  when  the  State  laboratory  of  hygiene  was  established;  it  was  two  years  later 
that  we  began  our  investigations  of  adulterated  foods. 

The  work  done  has  already  accomplished  much,  and  has  driven  from  the  State 
many  articles  of  food  that  did  not  meet  the  requirements  of  our  law,  which  is  par- 
ticularly rigid,  as  will  be  seen  by  an  examination  of  section  3. 

What  we  have  accomplished  has  been  done,  not  by  prosecutions,  but  through 
information  furnished  directly  to  the  retail  dealers  of  the  State.  By  so  doing  we 
have  had  their  cooperation  in  the  work,  and  have  probably  obtained  better  results 
than  could  have  been  secured  by  a  few  prosecutions.  This  does  not  mean  that  legal 
action  may  not  be  taken  by  the  board  at  any  time. 

Perhaps  some  modification  of  our  law  so  as  to  admit  certain  compounds  might  be 
advisable;  but  a  measure  which  would  permit  anything  to  be  sold  in  the  State  that 
had  a  label  giving  the  formula  would  be,  we  believe,  a  step  backward.  The  more 
reputable  houses  are  in  sympathy  with  the  provisions  of  our  law,  and  so  far  as  we 
can  Bee  it  works  do  hardship  on  any  but  those  who  desire  to  place  upon  our  markets 
adulterated  or  inferior  goods. 

GENERAL  FOOD  LAWS. 

SBC.    1.    Stab   board  of  health  to  enfOTCi  food  laws.      The  State   board    of   health  shall 

have  cognizance  of  the  interests  of  the  public  health,  relating  to  the  sale  of  drags 

and  foods  and  the  adulteration  of  the  sinir.  and  shall  make  all  necessary  investiga- 
tions and  Inquiries  in  reference  thereto,  and  for  these  purposes  may  appoint  inspect- 
ors, analysts,  and  chemists,  \\  ho  shall  be  subject  to  its  supervision  and  removal;  and 
said  hoard  may  expend  annually  an  amount  nol  exceeding  eight  hundred  dollars  for 
the  purpose  Of  carrying  OUl  the  provisions  of  this  section  and  of  the  chapter  relating 

to  the  adulteration  and  the  sale  of  nnw  holesome  foods  and  of  poisons. 
Public  Statutes  and  Session  haws,  1901,  ch.  107,  i».  334, 

I.   Establishment  of  a  laboratory  of  hygiene.    The  state  hoard  of  health  is  author- 
ized to  establish  and  equips  laboratory  with  the  proper  and  necessary  apparatus, 

utensils,  and  in-t  r  innents  for  the  chemical  and  bacteriological  examination  of  water 
Supplies,  milk,  food  products,  drugs,  etc.,  and  the  investigation  of  cases  and  sus- 
pected cases  "i  diphtheria,  typhoid  fever,  tuberculosis,  pneumonia,  malaria,  glanders, 

Bnd  other  infections  and  contagions  dis-  . 


NEW    HAMPSHIRE.  363 

Sec.  2.  Analyses.  The  said  board  shall  employ  a  chemist,  and  shall,  as  far  as 
practicable,  make  investigations  and  analyses  of  public  water  supplies,  and  of  foods 
and  drinks  offered  for  sale  in  our  markets,  and  shall  conduct  investigations  along 
these  lines,  with  a  view  to  discovering  adulterated  and  fraudulent  products,  and  shall 
enforce  the  law  relative  to  the  same,  as  provided  for  in  chapter  269  of  the  Public 
Statutes. 

Sec.  3.  Bacteriological  examination*.  The  board  shall  also  provide  for  the  bacte- 
riological examination  of  cases  and  suspected  cases  of  diphtheria,  typhoid  fever,  tuber- 
culosis, glanders,  and  such  other  diseases  as  it  may  deem  necessary,  including  any 
diseased  condition  that  may  be  found  in  slaughtered  animals,  and  in  cases  "t  infec- 
tious diseases  shall  report  its  findings  immediately,  by  telegraph  or  telephone,  to 
the  physician  requesting  the  same. 

Sec.  4.  Quarterly  bulletins;  water  investigations.  The  state  board  of  health  may  pub- 
lish quarterly  in  a  bulletin  the  results  of  the  analytical  work  done  in  said  laboratory, 
naming  fraudulent  and  adulterated  articles  of  food  found  od  Bale  in  this  State, 
together  with  such  other  information  relating  to  sanitary  matters  as  it  may  deem 
advisable,  and  the  said  board  shall  conduct  its  investigations  along  such  line* 
may  deem  to  be  for  the  greatest  public  utility.  It  shall  make  special  investigations 
into  the  character  and  quality  of  the  water  supplies  of  any  locality  in  the  State  when 
requested  by  any  board  of  water  commissioners,  board  of  health,  or  by  consumers. 

Sec.  5.  Investigations  free.  All  investigations  conducted  in  the  said  laboratory  shall 
be  free  to  the  people  of  this  State. 

Session  Laws,  1901,  ch.  2:;. 

Sec.  1.  Adulterated  drugs,  food,  "/•  drink.  Xo  person  shall  sell,  or  offer  for  sale,  any 
adulterated  drug  or  substance  to  be  used  in  the  manner  of  medicine,  or  any  adulter- 
ated article  of  food  or  substance  to  be  used  in  the  manner  of  food  or  drink. 

Sec.  2.  Drug  standards.  If  any  drug  or  substance  used  for  medicine,  sold  under  a 
name  recognized  by  the  United  states  Pharmacopoeia,  or  in  some  other  pharmaco- 
poeia, or  other  standard  work  of  materia  medica.  differs  materially  from  the  standard 
of  strength,  quality,  or  purity  laid  down  in  such  work,  or  contains  less  of  the  active 
principle  than  i-  contained  in  the  genuine  article,  weight  for  weight,  or  falls  below 
the  professed  standard  under  which  it  is  sold,  it  shall  be  deemed  to  be  adulterated 
within  the  meaning  of  this  chapter. 

3.  Inferior  <>r  unwholesome  food.  If  any  food  or  substance  to  be  eaten  or  used 
in  the  manner  of  food  or  drink  contains  a  less  quantity  of  any  valuable  constituent 
than  is  contained  in  the  genuine  article,  weight  for  weight,  or  contains  any  substance 
foreign  to  the  well-known  article  under  whose  name  it  is  sold,  or  is  colored,  coated, 

polished,  or  powdered;  \\  hereby  damage  is  concealed,  or  contains  any  added  poison- 
ous ingredient,  or  consists  wholly  or  partly  of  any  decomposed,  putrid,  or  disi 

Bubstance,  or  has  bet ie  offensive  or  injured  from  age  or  improper  care  it  shall  be 

deemed  to  be  adulterated  within  the  meaning  of  this  chapter. 

\.  Penalty.  Whoever  fraudulently  adulterates  for  the  purpose  of  sale  any 
article  of  food  or  drink,  drug  or  medicine,  «»r  knowingly  sells  any  fraudulently  adul- 
terated article  of  food  or-  drink,  drugor  medicine,  or  any  kirn  1  of  diseased  or  unw  hole- 
some  provisions  as  defined  in  this  chapter,  -hall  be  imprisoned  not  exceeding  one 
year,  or  be  fined  not  exceeding  four  hundred  do! 
Sn    5.  Sampling.     Ever)  person  offering  or  exposing  for  sale  any  drug  or  article 

of   food  within   the   mining  of  this  chapter,  shall    furnish  to  any  analyst,  or  ether 

officer  duly  appointed  for  the  purpose,  who  shall  apply  to  him  for  the  same  and 

tender  him  it-  \alue  in  money,  a  sample  sufficient  lor  the  purpose  of  the  anab  - 
such  drug  ->r  article  of  food. 

8bc.  <>.   Demands  for  inspection.    Any  person  who  has  reason  to  doubt  the  purity  or 

genuineness  "i  any  article  of  \ i  which  he  ha-  purchased,  may  send  at  in- 


364  FOODS  AND  FOOD  CONTROL. 

expense  a  sealed  sample  of  it  to  the  state  board  of  health  for  inspection.  If  upor 
examination  the  article  appears  to  be  adulterated,  the  board  may  obtain  a  certified 
sample  of  it,  and  should  this  sample  prove  to  be  adulterated,  the  board  shall  begin 
proceedings  at  once  against  the  vendor. 

Sec.  7.  Penalty  for  hindering  enforcement  of  law.  Whoever  hinders,  obstructs,  or  in 
any  way  interferes  with  any  inspector,  analyst,  or  other  officer  appointed  hereunder, 
in  the  performance  of  his  duty,  shall  be  fined  not  exceeding  fifty  dollars  for  the  first 
offense,  and  one  hundred  dollars  for  each  subsequent  offense. 

Sec.  8.  Duplicate  samples.  Before  commencing  the  analysis  of  a  sample,  the  analyst 
shall  reserve  a  portion,  which  shall  be  sealed;  and  in  case  of  a  complaint  or  indict- 
ment, part  of  the  reserved  portion  of  the  sample  alleged  to  be  adulterated  shall,  upon 
application,  be  delivered  to  the  defendant  or  his  attorney,  and  part  to  the  secretary 
of  the  state  board  of  health. 

Sec  9.  Enforcement.  The  state  board  of  health  shall  adopt  such  measures  as  it 
may  deem  necessary  to  facilitate  the  enforcement  of  this  chapter,  and  for  the  collect- 
ing and  examining  of  drugs  and  foods,  articles  of  clothing,  fabrics,  wall-paper,  or 
anything  containing  poisonous  pigments  or  substances  whereby  the  health  of  any 
person  may  be  injured. 

Sec  10.  Liquor  adulteration.  Whoever  adulterates,  for  the  purpose  of  sale,  any 
liquor  used  or  intended  for  drink,  with  cocculus  indicus,  vitriol,  grains  of  paradise, 
opium,  alum,  capsicum,  copperas,  laurel-water,  logwood,  Brazil  wood,  cochineal, 
sugar  of  lead,  or  any  other  substance  which  is  poisonous  or  injurious  to  health,  or 
knowingly  sells  any  such  liquor  so  adulterated,  shall  be  lined  not  exceeding  one 
thousand  dollars,  or  be  imprisoned  not  exceeding  one  year. 

Sec  11.  Slaughter  of  calves.  Whoever  kills,  or  causes  to  be  killed,  for  the  purpose 
of  Bale,  a  calf  less  than  four  weeks  old,  or  knowingly  sells,  or  has  in  possession  with 
intent  to  sell,  for  food,  the  meat  of  any  such  calf,  shall  be  fined  not  exceedim:  fifty 
dollars,  or  be  imprisoned  not  exceeding  thirty  days,  or  both. 

Sec  12.  Meat.  Any  meat,  unwholesome  provisions  or  articles,  sold,  kept,  <>r 
offered  for  sale,  and  any  articles  adulterated,  in  violation  of  any  of  the  preceding 
sections,  -hall  be  forfeited. 

Se«  .  L3.  Drug  records.  Every  apothecary,  druggist,  or  other  person  who  sells  any 
arsenic,  corrosive  sublimate,  nux  vomica,  strychnine,  or  prussic  acid,  shall  make  a 
record  of  such  sale  in  a  book  kept  for  that  purpose,  specifying  the  kind  and  quantity 
of  the  article  sold,  and  the  time  when,  and  the  name  of  the  person  to  whom  such 
sale  is  made,  which  record  shall  be  open  to  all  persons  who  may  wish  to  examine 
the  same. 

Skc  14.  I'i'iialhf.  Any  person  who  shall  violate  the  provisions  of  the  preceding 
section  shall  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  15.  Physicians  exempt.  The  two  preceding  sections  shall  not  apply  to  physi- 
cian-, in  their  prescriptions  or  their  recipes  to  their  patients. 

Public  Statute-  and  Session  Laws,  1901,  eh.  289,  p.  614. 
ALCOHOLIC  LIQUOR& 

BE<  .    17.     Injurious  adii/ti  ration.       It  shall  not   be  lawful 

l.  To  sell  or  expose  for  sale,  or  to  have  on  the  premises  where  liquor  is  sold,  any 
liquor  which  is  adulterated  with  any  deleterious  drug,  Bubstance  or  liquid  which  is 
poisonous  or  injurious  to  t be  health. 

Sec.  21.   Inspection  authority;  sampling  and  analysis;  penalties.     Any  commissioner. 

police  officer,  constable,  special  agent,  selectman  or  Bheriff  may  at  any  time  cuter. 

upon  the  premises  of  a  person  who  is  licensed  under  the  provisions  «»i"  this  act.  to 

rtain  the  manner  In  which  such  person  conducts  his  business,  and  to  preserve 

order.    Such  officers  may  at  any  ti take  samples  for  analysis  of  any  liquor  kepi 


NEW    HAMPSHIRE.  365 

on  such  premises,  and  the  vessels  containing  such  samples  shall  be  sealed  on  the 
premises  of  the  vender,  and  shall  remain  so  sealed  until  presented  to  the  state  labo- 
ratory of  hygiene  for  analysis.  The  city  or  town  in  which  such  vendor  resides  shall 
pay  for  the  samples  so  taken,  if  such  liquor  is  found  to  be  of  good  quality  and  free 
from  adulteration.  If,  however,  such  liquor  shall  prove  to  be  adulterated  with  any 
deleterious  drug,  substance  or  liquid  which  is  poisonous  or  injurious  to  the  health, 
or  if  such  liquor  prove  to  be  other  than  it  purports  to  be,  the  licensee  Bhall  be  lined 
two  hundred  dollars,  shall  forfeit  his  license  and  his  bond  thereon,  and  such  license 
shall  not  be  renewed  for  at  least  three  years  from  the  date  of  its  forfeiture. 

Laws  of  1903  [portion  of  the  act  to  regulate  traffic  in  intoxicating  liquor],  ch.  95, 
p.  89. 

Sec.  7.  Analysis  of  liquor*  kept  by  agents;  penality  if  impure.  The  selectmen  and 
mayor  shall,  from  time  to  time,  cause  samples  of  the  liquor  kept  by  their  agents  to 
be  analyzed,  and  if  found  to  be  impure  shall  cause  the  agent  who  i>  responsible  for 
selling  or  offering  for  sale  such  liquors,  to  be  prosecuted;  and  if  he  is  found  guilty, 
he  shall  be  fined  fifty  dollars,  or  imprisoned  three  months,  or  both;  and  the  expense 
of  said  analysis  shall  be  added  to  the  cost  now  allowed  to  be  taxed  in  criminal 
cases. 

Sec.  11.  Restriction*  of  agents'  sales;  penalty.  If  any  agent  shall  adulterate  any 
spirituous  or  malt  liquors  which  he  may  keep  for  sale,  or  knowingly  purchase  any 
impure  liquors,  or  Bhall  buy  any  spirituous  or  malt  liquors  of  any  other  person  than 
the  person  so  appointed  by  the  governor,  or  of  the  county  commissioners  h 
authorized  by  law,  or  charge  a  higher  price  than  that  fixed  by  the  selectmen  or 
mayor,  or  shall  sell  any  Liquor  on  his  own  account,  he  shall  forfeit  fifty  dollars  or  be 
lined  fifty  dollars,  or  be  imprisoned  ninety  days,  or  both. 

Laws  of  1899,  ch.  71;   Public  Statutes  and  Session  Laws  1901,  ch.  112.  pp.  349-350. 

CANDY. 

1.  Addition  of  injurious  ingredient*.  No  person  --hall  by  himself,  his  servant 
or  agent,  or  a-  the  servanl  <>r  agent  of  any  other  person  or  corporation,  manufacture 
for  sale,  or  knowingly  sell  or  offer  to  sell,  any  candy  adulterated  by  the  admixture 
of  terra  alba,  barytee,  talc  or  any  other  mineral  substance,  by  poisonous  col< 

tla\ors,  mi-  other  ingredients  deleterious  or  detrimental  to  health. 

■_'.  /'<  natty.    Whoever  violates  any  of  the  provisions  of  this  act  shall  he  punished 
by  a  tine  not  exceeding  one  hundred  dollars  ($100)  nor  less  than  tifty  dollars 
The  candy  so  adulterated  Bhall  be  forfeited  and  destroyed  under  direction  <»f  the 
court 

;.  DtUy  of  prosecuting  attorneys.  It  i-  hereby  made  the  duty  of  the  prosecuting 
attorneys  of  this  state  to  appear  for  the  people  and  to  attend  to  the  prosecution  of  all 

complaint-  under  this  act  in  all  the  COUTtS  in  their  respective  count;. 

Public  Statutes  and  Session  Law-.  L901,  ch.  269,  p.  816. 

DAIRY   PRODUCTS. 

I.   Inspection  of  milk  in  charge  of  city  boards  of  health.    The  board.-  of  health  of 

cities  -hall    be  in  charge  of  tin-  inspection  of  milk,  skim-milk,  and  cream,  and   ma\ 

appoint  one  or  more  persons  as  their  agents  for  that  purpose  who  shall  act  under 
their  direction  in  their  respective  places,  and  who  maj  i»  remov<  i  by  them  at  any 
time.  The  compensation  to  such  agents  shall  be  fixed  63  said  boards  of  health,  but 
no  milk  Inspector  shall  be  paid  for  hi-  services  unless  he  i- 

the  holderoi  a  certificate  from  the  superintendent  of  thedair)  department  of  the 
10943     \(,  00,  pt  j— (H> 7 


366  FOODS    AND    FOOD    CONTROL. 

New  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts  showing  the  said 
holder  to  be  qualified  to  perform  such  work. — As  amended  March  22,  1901,  Lavs  of 
1901,  ch.  107,  p.  007.  • 

2.  Appointment  of  milk  inspectors.  The  selectmen  of  towns  may  annually 
appoint  one  or  more  persons  to  be  inspectors  of  milk,  skim-milk,  and  cream,  under 
the  same  provisions  and  conditions  as  agents  are  appointed  by  boards  of  health. — 
As  amended  March  22,  1901,  Laws  of  1901,  ch.  107,  p.  607. 

.',.  Milk  licenses.  The  boards  of  health  of  cities  and  the  selectmen  of  towns  may 
grant  to  any  person  who  applies  therefor  and  pays  the  sum  of  two  dollars  a  License 
to  sell  milk,  skim-milk,  and  cream  within  their  city  or  town,  until  the  first  day  of 
June  next  following,  and  may  renew  such  license  annually  in  the  month  of  May 
upon  application  and  the  payment  of  a  like  fee,  providing  said  applicant  will  satisfy 
said  boards  of  health  or  selectmen  that  he  understands  the  care  and  handling  of  said 
product,  and  files  the  name  and  address  of  all  his  producers,  and  gives  reasonable 
assurance  that  the  cows  from  which  the  milk  is  taken  are  healthy,  and  are  pn  >perly  fed 
and  cared  for.  The  license  and  its  renewal  shall  state  the  name  of  the  party  to 
whom  granted,  his  residence,  place  of  business,  the  names  of  all  persons  employed 
by  him  in  carrying  on  the  business,  the  number  of  carriages  or  other  vehicles  used. 
the  name  of  the  town  for  which  it  is  granted,  and  the  number  of  the  license.  It 
shall  not  be  transferable,  and  may  be  revoked  at  any  time  for  cause.  The  person  to 
whom  any  license  is  granted  shall  cause  his  name,  place  of  business,  and  the  number 
of  his  license  to  be  Legibly  placed  on  the  outer  side  of  all  carriages  and  vehicles  used 
in  the  business,  and  in  the  case  of  a  merchant  selling,  or  offering  for  sale,  in  a  store, 
booth,  or  market  place,  in  a  city  or  town  in  which  said  licenses  are  granted,  said 
License  and  its  renewals  shall  be  posted  in  a  conspicuous  place  in  said  merchant's 
place  of  business.—  As  amended  March  22,  1901,  Laws  of  1901,  ch.  107,  pp.  607-608. 

1.  License;  penalty.  Whoever  goes  about  in  carriages  or  makes  a  business  of 
selling  milk,  skim-milk  or  cream,  in  any  such  city  or  town,  or  offering  for  sale,  or 
having  in  his  possession  with  intent  to  sell,  milk,  skim-milk,  or  cream,  unless  a 
License  has  first  been  obtained  as  provided  in  the  preceding  sections,  shall  he  fined 
not  more  than  ten  dollars  for  the  first  offense;  and  for  any  subsequent  offense  he 
shall  be  lined  fifty  dollars,  or  be  imprisoned  not  more  than  sixty  days,  or  both; 
provided  however,  that  any  person  selling  only  the  product  of  his  own  cows  shall  be 
exempt  from  paying  any  fee  for  such  license. — As  amended  March  22,  1901,  Laws  of 
1901,  ch.  107,  p.  608,  and  as  further  amended  March  24,  1903,  ch.  88,  p.  7  f. 

Sec.  5.  Licenses  for  milk  sold  in  stores,  etc.  Every  person  Belling  milk,  skim-milk, 
or  cream,  or  offering  such  for  sale  in  a  store,  booth,  or  market  place  in  a  city  or 
town  in  which  licenses  are  granted,  shall  procure  a  license  as  provided  in  section  3. 
Any  person  so  selling  or  offering  for  sale,  who  neglects  to  comply  with  this  section, 
-hall  he  punished  as  provided  iii  section  i. — As  amended  March  ft*,  1901t  Laws  of  1901, 
ch.  107,  ]>.  608. 

6.  Inspection,  sampling  and  tests.  The  boards  of  health  of  cities,  and  their 
BgentS,  the  selectmen  Of  towns  and  the  inspector-  appointed  by  them,  may  enter 
places  where    milk,  skim-milk,  or  cream   are  stored   or  kept  for  sale,  and    into  and 

upon  can  iagee  used  for  the  conveyance  thereof,  and  may  take  such  samples  of  milk, 

skim-milk,  or  Cream  as  they  may  deem  necessary,  noon  payment  of  the  current 
price  therefor,  and  may  examine  the  milk,  skim-milk,  or  cream  there  found,  and,  if 

requested,  shall  leave  a  sample  of  the  same  product,  securely  sealed,  \\ Ltfa  the  person 

from  whom  said  sample  was  taken,  and  if  they  ha\e  reason  to  believe  that  any  such 

milk,  skim-milk,  or  cream  is  adulterated,  they  shall  cause  specimens  thereof  to  be 
analyzed  or  otherwise  satisfactorily  tested,  and  shall  make  a  record  of  the  result  of 
the  analysis  or  test-  -As  amended  March  .'.',  1901,  Laws  of  1901,  ch.  /<>:,  p.  608. 

:.   Record  of  licenses.    They  shall  makes  record  of  all  Licenses  granted  and 

renewed  hy  them,  which,  together  with  all  registries  made  with  them,  shall  he  ..pen 


new  Hampshire!  367 

to  public  inspection;  and  shall  pay  to  the  treasurer  of  their  city  or  town  all  fees 
received,  within  thirty  days  after  receipt. 

Sec.  8.  Labeling  skimmed  milk.  No  dealer  in  milk  and  no  servant  or  agent  of  a 
dealer,  shall  sell,  exchange,  deliver,  or  have  in  his  custody  or  possession  with  intent 
to  sell,  exchange,  or  deliver,  milk  from  which  the  cream  or  any  part  thereof  has 
been  removed,  unless  in  a  conspicuous  place  above  the  center  upon  the  outside  oi 
every  vessel,  can,  or  package  from  or  in  which  such  milk  is  sold,  the  words  "skimmed 
milk"  are  distinctly  marked  in  letters  not  less  than  one  inch  in  length.  Whoever 
violates  the  provisions  of  this  section  -hall  be  punished  by  the  penalties  provided  in 
section  17  of  this  chapter. — As  amended  March  22,  1901,  Laws  of  1901,  ch.  107,  p.  609. 
I  of  convictions.  A  record  shall  be  made  and  kept  by  said  boards  of 
health  and  selectmen  of  each  and  every  conviction  in  their  respective  cities  and 
towns  of  any  violation  of  the  provisions  of  this  chapter. — As  amended  March  92,  1901, 
Laws  of  1901,  ch.  107,  p.  609. 

10.  Inspectors,  etc.,  assisting  fraud;  penalty.  Any  board  of  health,  or  any  agent 
thereof,  or  selectmen,  or  inspector  appointed  under  the  provisions  of  this  chapter, 
who  willfully  connives  at  or  assists  in  a  violation  of  the  provisions  of  this  chapter, 
shall  be  fined  not  more  than  three  hundred  dollars,  or  be  imprisoned  not  more  than 
sixty  day-,  or  both. — As  amended  March  22,  1901,  Laws  of  1901,  ch.  107,  p.  609. 

11.  Previously  elected  inspectors.  The  preceding  -  -hall  be  in  force  only 
in  such  towns  and  cities  as  now  have  inspector-  of  milk,  and  those  which  may  here- 
after adopt  the  same,  but  nothing  in  this  act  shall  be  construed  as  affecting  any  one 
who  may  at  the  time  of  the  passage  of  this  act  be  a  regularly  elected  inspector  of  milk 
in  any  city  in  this  state,  so  as  to  cut  short  his  present  term  of  office,  or  vary  his 
-alary. — As  amended  March  22,  1901,  Laws  of  1901,  ch.  107,  p.  609. 

12.  Mi/h  measures.  Milk  shall  be  bought  and  sold  by  wine  measure,  the  stand- 
ard for  which  shall  be  two  hundred  and  thirty-one  cubic  inches  to  the  gallon,  and 
for  subdivisions  of  the  gallon  in  the  same  proportion. 

Sec.  L3.  Marking  and  sealing  of  measures.  All  measure-  or  vessels  used  in  the  sale 
of  milk  shall  be  tried  and  proved  by  the  standard  of  wine  measure  and  the  quantity 
they  hold  agreeably  to  Buch  standard  shall  be  marked  thereon.     Any  person  selling 

■ny  milk  by  any  other  than  measures  BO  tried,  sealed,  and   marked,  shall   forfeit   for 

each  offense  ten  dollar-. 

M.  Sealing  of  milk  cans.  All  milk  can-  used  by  persons  engaged  in  the  busi- 
ness of  purchasing  milk  at  wholesale,  shall  be  scaled  annually  by  the  sealer  of 
weights  and  measures  in  the  city  or  town  where  the  purchaser  resides;  and  do  milk 
can  shall  be  sealed  that  does  QOt  contain  one  or  more  quarts,  and  the  capacity  of  the 
can  shall  be  legibly  mark*  d  upon  it  by  the  sealer. 

15.  Standard  contents  of  can.     When  milk  is  purchased  by  the  can,  such  can 
shall  hold  eight  quarts  of  milk  and  no  more. 
Bbc.  16.   Penalty.     Any  person  violating  the  provisions  of  the  two  precedinj 

tions  shall  be  fined  QOl  more  than  fifty  dollars. 

17.  Reporting  of  adulterated  milk.  Lf  any  person  shall  adulterate  milk,  skim- 
milk,  or  cream  with  water  01  otherwise  to  be  sold,  or  shall  sell  or  offer  for  sale,  or 
have  in  possession  with  intent  to  sell,  any  adulterated  or  uuw  holesome  milk,  skim- 
milk,  or  cream,  containing  any  coloring  matter  or  preservative,  or  an\  milk  produced 
from  sick  or  diseased  cows,  or  cows  fed  upon  the  refuse  of  breweries  or  distill) 
or  any  othei  substance  which  may  be  deleterious  to  the  quality  of  milk,  skim-milk, 

Or  Cream,  or  Shall  Bell,  Or  offer  for  sale,  or   have    in    possession  with    intent  to  sell  as 

pure  milk,  any  milk  from  which  the  cream  or  a  part  thereof  has  been  re ved,  he 

-hall  be  fined  not  more  than  two  hundred  dollars, or  imprisoned  not  more  thansixt) 
days,  or  both.     And  it  -hall  be  the  duty  of  the  boards  of  health  and  milk  insp< 
to  tile  the  ne.e— ar\  information  with  the  chief  of  police  of  the  city  or  town,  or  the 
county  solicitor  of  the  county  in  which  such  city  or  town  bun    be  situated,  and  it 


368  FOODS  AND  FOOD  CONTROL. 

shall  be  the  duty  of  such  chief  of  police  and  county  solicitor  to  prosecute  offenders 
under  this  act  to  final  judgment  and  sentence. — As  amended  March  ?J,  1901,  Laws  of 
1901,  ch.  107,  p.  609. 

Sec.  18.  Adulteration  defined.  In  all  proceedings  under  this  chapter,  it  the  milk  is 
shown,  upon  analysis,  to  contain  less  than  thirteen  per  cent  of  milk  solids,  or  to 
contain  less  than  nine  and  one  halt  per  cent  of  milk  solids  exclusive  of  fat,  or  to  con- 
tain less  than  three  and  one  half  per  cent  of  fat,  it  shall  he  considered  evidence  of 
adulteration  except  during  the  months  of  April,  May,  June,  July.  August,  and 
September,  when  milk  containing  less  than  twelve  percent  of  milk  solids,  or  less 
than  three  per  cent  of  fat.  shall  he  considered  evidence  of  adulteration,  or  if,  in  the 
•  f  skim-milk,  it  shall  contain  more  than  ninety-one  per  cent  of  water  and  less 
than  nine  per  cent  of  milk  solids  exclusive  of  fat,  it  shall  be  considered  evidence  of 
adulteration.— At  amended  March  92,  1901,  Laws  of  1901,  ch.  107,  pp.  609-610. 

19.  Adulterated  butter,  oleomargarine,  and  imitation  cheese,  labels.  No  person, 
by  himself  or  his  agents  or  servants,  shall  render  or  manufacture,  sell,  offer  for  sale. 
expose  for  sale,  or  have  in  his  possession  with  intent  to  sell,  any  article,  product, 
or  compound  made  wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  substance,  or 
compound  thereof,  not  produced  from  unadulterated  milk  or  cream  from  the  same, 
which  shall  he  in  imitation  of  yellow  butter  produced  from  pure,  unadulterated  milk 
or  cream  of  the  same,  or  in  imitation  of  cheese  produced  from  unadulterated  milk 
or  cream  of  the  same,  unless  the  same  is  contained  in  tubs,  firkins,  boxes,  or  other 
packages,  each  of  which  has  upon  it,  to  indicate  the  character  of  its  contents,  the 
words  "Adulterated  butter,"  "Oleomargarine,"  or  "  Imitation  cheese,"  as  the  case 
may  be,  in  plain  Roman  letters  not  less  than  one  half  inch  in  length,  and  so  made, 
placed,  or  attached  that  they  can  readily  be  seen  and  read,  and  cannot  be  easily 
defaced;  and  if  the  substance  or  compound  is  a  substitute  for  cheese,  unless  the  cloth 
surrounding  it  has  a  like  inscription:  and  if  it  Is  a  substitute  for  butter,  unless  it  shall 
be  of  some  other  color  than  that  of  yellow  butter.  When  any  such  BUDStance  or 
compound  is  sold  in  less  quantities  than  the  original  packages  contain,  the  seller 
shall  deliver  to  the  purchaser  with  it  a  label  bearing  tin1  words  indicating  its  character 
as  above,  in  like  letters:  Provided,  that  nothing  in  this  act  shall  be  construed  to 
prohibit  the  manufacture  and  sale  of  oleomargarine  in  separate  and  distinct  form, 
and  in  such  manner  as  will  advise  the  consumer  of  its  real  character,  ivco  from  any 
coloration  or  ingredient  that  causes  it  to  look  like  butter. a 

(2)  Peddling  of  imitation  butter.  It  shall  be  unlawful  for  any  person  to  peddle. 
sell,  or  deliver  from   any  cart,  wagon,  Or  other   vehicle,  upon   the  public  street-   01 

ways,  oleomargarine,  butterine,  or  any  similar  substance,  unless  so  branded  and 

marked  as  required  in  section  1  of  this  act  (Sec.   19).  —  Ch.   116,  IS'.)-',. 

('.'>)  Serving  imitation  I, nthr  in  hotels,  etc.  It  shall  be  unlawful  for  any  person  to 
furnish  or  cause  to  he  furnished,  in  any  hotel,  boarding-house,  restaurant,  or  at  any 
lunch  counter,  oleomargarine,  butterine,  or  any  similar  substance,  to  any  guest  or 
patron  of  Said  hotel,  boarding-house,  restaurant,  or  lunch-counter,  without  first  notif\ 

ing  Buch  gueel  or  patron  that  the  substance  so  furnished  is  not  batter. — ( 'h.  i 16, 

(4)  Penalty.  Any  person  or  persons  violating  any  of  the  provisions  of  the  fore- 
going sections  (the  three  preceding  sections)  shall,  upon  conviction  therefor,  be  lined 

not  less  than  twenty-live  nor  more  than  fifty  dollars  for  the  first  offen-e,  and  for 
each  subsequent  offense  not  less  than  fifty  nor  more  than  one  hundred  dollars,  or 
imprison n lent  not  less  than  ten  nor  more  t  ha n  ninety  days,  or  both. — Ch.  116,  1896. 

8bc.  20.  (Repealed  because  inconsistent  with  provisions  of  1895,  ch.  LIS,  sec.  I 
the  section  preceding  this. ) 

(1)  Board  of  agricuUun  to  enfora  ton-,  it  shall  be  the  duty  of  the  state  board  of 
agriculture  to  cause  the  provisions  of  chapter  L16of  the  laws  of  L896,  relating  "to 

Substituted  for  original  section,  1895,  ch.  LIS,  Bee  L. 


NEW    HAMPSHIRE.  369 

the  Bale  of  adulterated  butter,  oleomargarine,  and  imitation  cheese,"  to  be  enforced. — 
Ch.  58,  1899. 

21.  Analysis  of  suspected  products.  The  complainant  in  any  such  action  may 
cause  specimens  of  butter  or  cheese  suspected  of  being  imitations  to  be  analyzed  or 
tested!  The  expense  of  such  analysis  or  test,  not  exceeding  twenty  dollars  in  any 
one  case,  may  be  taxed  as  costs. 

Sec.  22.  Terms  "butter"  and  "cheese"  defined.  The  terms  "butter" and  '"cheese" 
.shall  be  understood  to  mean  the  products  usually  known  by  those  names,  and  which 
are  manufactured  exclusively  from  milk,  or  cream,  or  both,  with  salt  and  with  or 
without  coloring  matter,  and  if  cheese,  with  rennet. 

(1)  Penalty  for  importing  adulterated  butter  or  cheese:  If  any  person  shall,  within 
this  state,  solicit  or  take  any  order  for  any  substance  or  compound,  the  >ale,  offer  to 
sell,  or  keeping  in  possession  of  which  with  intent  to  sell,  is  prohibited  by  the  pro- 
visions of  sections  19  and  20  of  chapter  127  of  the  Public  Statutes,  to  be  delivered  at 
any  place  without  this  state,  knowing  or  having  reasonable  cause  to  believe  that  if  so 
delivered  the  same  will  be  transported  to  this  state  and  be  sold  in  violation  of  the 
laws  thereof,  he  shall  be  lined  tifty  dollars  for  the  first  offense  and  for  any  subsequent 
offense  he  shall  be  fined  one  hundred  dollars,  or  be  imprisoned  nol  more  than  ninety 
days.— Ch.  ■■:.  1893. 

23.  Complaints.  It  shall  be  the  duty  of  the  inspectors  of  milk,  if  any  in  the 
town,  and  if  not,  of  the  health  officers,  to  make  complaints  for  violations  of  this 
chapter  whenever  any  one  furnishes  to  them   satisfactory  evidence  thereof,  and  t<> 

cute  the  same,  but  any  other  person  may  do  BO. 

24.  Disposition  of  fines.  Any  person  who  begins  and  prosecutes  any  action 
under  this  chapter  at  his  <>u  n  expense,  and  any  town  whose  officers  begin  and  prose- 
cute any  such  action  at  its  expense,  shall  be  entitled  to  one  half  of  every  fine  imposed 

therein,  and  the  county  to  the  other  half. 


Public  Statutes  and  Session  Laws  bun,  vU.  127,  p.  399. 


Sec.  l.  Search  warrant  for  seizing  imitation  butter.     A  justice  or  police  court  may 

issue  a  warrant  for  searching  any  place  therein  described,  in  tlie  daytime,  upon  com- 
plaint under  oath  thai  it  is  believed  that  a  person  liable  to  a  crime  is  concealed 
therein,  or  that  gambling  is  carried  on  therein,  or  that  any  property  or  thing  of  any 
of  the  following  kinds  is  kept  or  concealed  therein:    *    *    * 

VII.   Oleomargarine,  butterine,  or   any  oleaginous   BUbstance    not    produced    from 
pure  unadulterated  milk  or  cream  of  the  same,  which  is  in  imitation  of  yellow  butter. 

A-  .mien- led  March  22,  1901.      Laws.   1901,  ch.  87,  p.  583;    Public  Statute-  and  Ses- 
sion Law-  of  1901,  ch.  251,  p.  "•"). 

i.  Milk  inspectors,  <t>'.,  must  hold  certificates.  Every  person  who  holds  or  fills 
the  position  of  milk  inspector  in  any  city  or  town  in  this  state  or  who,  either  for 
himself  or  in  the  employ  of  any  other  person,  firm,  or  corporation  manipulates  the 
Babcock  test,  or  any  other  test,  whether  mechanical  or  chemical,  for  the  purr* 
measuring  the  contents  of  butter  Eat  or  Bolide  in  milk  or  cream  a-  a  basis  tor  appor- 
tioning the  value  of  guch  milk  or  cream,  or  the  butter  or  chee-e  made  from  the  >aine. 
shall  procure  from  the  superintendent  of  the  dairy  department  of  the  New  Hamp- 
shire College  of  Agriculture  and  the  Mechanic  \n-.  a  certificate  showing  that  the 
holder  is  competent  and  well  qualified  to  perform  Buch  work.    TIh- fee  for  issuing 

such  certificate  shall  in  n-  eed   one  dollar,  the  same  to  be  paid  by  the  appli- 

cant to  -aid  superintendent  and  to  be  used  by  the  superintendent  in  meeting  the 
expense  incurred  by  him  under  this  section. 

2.   Accuracy  of  instruments  tor  testing  and  measuring  milk-.     Every  instrument  or 
piece  of  glassware  used  for  testing  or  measuring  milk 


370  FOODS  AND  FOOD  CONTROL. 

batter  factory,  cheese  factory,  or  condensed  milk  factory  in  determining  the  value  of 
milk  or  cream  received  from  different  persons,  or  by  any  milk  inspectors  in  any  city 
or  town  in  this  state,  shall  be  tested  for  accuracy  of  measurement,  and  for  the  accu- 
racy of  the  per  cent  scale  marked  thereon,  by  the  superintendent  previously  named 
or  by  some  competent  person  designated  by  him.  The  superintendent  or  person 
thus  designated  shall  so  mark  such  instruments  or  glassware  with  such  marks  or 
characters  as  cannot  be  erased,  which  marks  or  characters  shall  stand  as  proof  that 
they  have  been  so  tested;  and  no  incorrect  instruments  or  glassware  shall  be  thus 
marked.  The  superintendent  of  the  dairy  school  shall  receive  for  such  service  the 
actual  cost  incurred  and  no  more,  the  same  to  be  paid  by  the  person  or  corporation 
for  whom  the  test  is  made. 

3.  Record  of  certificates  mid  test  appliances.  The  person  or  persons  who  grant 
certificates  and  test  appliances  at  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts  shall  keep  a  record  of  all  persons  to  whom  certificates  are  issued,  with 
the  dates  thereof,  and  of  the  number  and  description  of  all  instruments  and  pieces 
of  glassware  inspected  and  marked,  and  for  whom  each  article  or  lot  was  inspected 
and  marked. 

4.  Penalty  for  illegal  testing.  Any  person  who  tests  milk  or  cream  by  the  Bab- 
cock  tot  <>r  any  other  test,  whether  mechanical  or  chemical,  for  the  purpose  of 
measuring  the  contents  of  butter  fats  or  solids  when  sold  as  milk  or  as  a  basis  for 
apportioning  its  \  aluc  when  used  at  creameries  or  factories,  without  first  having  obtained 
a  certificate  of  competency  in  the  manner  previously  named  in  this  act,  or  who  tots 
milk  or  cream  to  determine  or  apportion  its  value  with  appliances  that  have  not  been 
inspected  and  marked  by  the  authorities  herein  named,  shall  be  liable  to  a  fine  of 
not  less  than  five  dollars  for  each  week  that  he  or  she  serves  or  that  such  unmarked 
and  untested  appliances  have  been  used. 

Sec.  5.  This  act  shall  take  effect  July  1,  1901. 

Approved  March  22,  1901.     Laws  1901,  ch.  106,  p.  006. 

maplp:  products  and  vinegar. 

Sec.  l.  Maple  products  must  be  pure.  No  person  shall  sell,  expose  for  sale,  exchange. 
barter  or  deal  in  any  article  as  and  for  maple  sugar,  maple  candy  or  maple  syrup  unless 
th<-  same  shall  he  stiLrar,  candy  or  Byrup  made  Solely  from  the  sap  of  the  maple  tree. 
2.  Standard  for  cider  vinegar.  No  person  shall  sell  or  expose  for  sale,  exchange, 
barter  or  deal  in  any  article  as  and  for  eider  vinegar  unless  the  same  shall  he  vinegar 
made  Bolely  from  cider  made  of  apples  and  shall  have  an  acidity  equal  to  the  presence 
of  not  less  than  four  per  cent.,  by  weight,  of  absolute  acetic  acid,  and  shall  contain 
not  Less  than  one  and  six-tenths,  by  weight,  of  apple  solid-. 

ion  of  falsely  labeled  maple  products  or  rid,,-  vinegar  forbidden.     No 

:i  shall  have  in  his  possession  for  sale,  exchange  or  barter  any  article  which  is 

not  maple  Bugar,  maple  candy  or  maple  syrup,  or  w  hich  is  not  cider  vinegar,  a-  those 
article-  an-  defined  in  the  two  preceding  sections,  which  is  labeled,  marked  or  repre- 
sented to  he  maple  BUgar,  maple  candy,  maple  syrup,  or  cider  \  LnegST. 

I.   Penalty.     Any  person  who -hall  violate  any  provision  of  the  three  preced- 
ing sections  shall  he  fined  not  Less  than  ten  dollars  QOr  more  than  fifty  dollars. 

■  >.    Effect.      This  act  -hall  take  effect  upon  it-  pass 

Approved  March  lo,  L905.     Laws.pt  L906,  ch.  L18,  pp.  532 


NEW    HAMPSHIRE.  371 

WATER  AND  ICE. 

Sec.  1.  Defiling  water  supplies.  Whoever  knowingly  and  willfully  poisons,  denies, 
pollutes,  or  in  any  way  corrupts  the  waters  or  ice  of  any  well,  spring,  brook,  lake, 
pond,  river,  or  reservoir,  used  as  the  source  of  a  public  water  or  ice  supply  for  domes- 
tic purposes,  or  knowingly  corrupts  the  sources  of  the  water  of  any  water  company, 
or  of  any  city  or  town  supplying  its  inhabitants  with  water,  or  tin-  tributaries  of  sai-1 
sources  of  supply,  in  such  a  manner  as  to  affect  the  purity  of  the  water  or  ice  so  sup- 
plied at  the  point  where  the  water  or  ice  is  taken  for  such  domestic  use,  or  puts  the 
carcass  of  any  dead  animal  or  other  offensive  material  into  said  waters  or  upon  the 
ice  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  not  exceeding  one  year.  The  provisions  of  this  section  shall  not  apply 
to  the  deposit  of  any  bark,  sawdust,  or  any  other  waste  of  any  kind  arising  from  the 
business  of  cutting,  hauling,  driving,  or  storing  logs,  or  the  manufacture  of  lumber: 
and  the  use  of  any  stream  for  the  purposes  of  manufacturing  and  for  the  necessary 
drainage  connected  therewith,  if  more  than  four  miles  distant  from  the  point  where 
the  water  is  taken  for  Buch  domestic  purposes,  shall  imt  lie  deemed  a  violation  of  this 
on. 

Sec.  2.  Regulations, for  cutting  ice.  No  person  shall  cut  or  take  ice  from  any  lake, 
pond,  or  reservoir  used  as  the  source  of  a  public  water  or  ice  supply  for  domestic  pur- 
poses for  man,  unless  he  tirst  shall  comply  in  all  respects  with  such  reasonable  rules 
and  regulations  in  regard  to  the  manner  and  place  of  cutting  and  taking  such  ice  on 
said  lake,  pond,  or  reservoir  a-  may  1m-  prescribed  by  the  local  board  of  control  Or 
officers  of  a  water  company  who  may  have  charge  of  the  works  of  any  city  or  town 
supplying  its  inhabitants  with  water  from  said  lake,  pond,  or  reservoir.  The  supreme 
court  shall  have  power  to  issue  injunctions  restraining  any  person  from  cutting  or 
taking  ice  from  such  lakes,  ponds,  or  reservoirs  until  they  have  complied  with  the 
reasonable  regulations  made  a-  aforesaid. 

.'».  Penalty  for  boating,  etc.,  <>"  lakes  used  for  ict  supply.  Said  local  boards  and 
officers  may  also  make  all  reasonable  rules  and  regulations  in  regard  to  fishing  and 
the  use  of  boats  in  and  upon  any  such  lake,  pond,  or  reservoir,  and  in  regard  to  racing 
or  speeding  horses  upon  the  ice  thereof,  which  they  may  deem  expedient  Any 
person  who  shall  violate  any  of  said  rules  and  regulations  after  notice  thereof  shall 

be  lined  not  exceeding  twenty  dollars,  or  imprisoned  not  exceeding  six  months. 

b  Penalty  for  bathing  near  water  supplies,  [f  any  person  shall  bathe  in  such 
lake,  pond,  or  reservoir  within  one  fourth  of  a  mile  of  the  point  where  -aid  water  i- 
taken,  he  .-hall  be  fined  not  exceeding  twenty  dollar.-,  or  imprisoned   not   exceeding 

six  months. 

■">.  Injury  to  property  of water  company.  Whoever  shall  willfully  injure  any  of 
the  property  of  any  water  company  or  of  any  city  or  town,  used  by  it  in  supplying 
water  to  its  inhabitants,  shall  be  punished  by  a  tine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  not  exceding  one  year;  and  such  person  shall  also  for- 
feit and  pay  to  such  water  company,  city,  or  town,  three  times  the  amount  of  actual 
damages  sustained,  to  be  recovered  in  an  action  on  the  casi 

u  legislation.  All  act-  and  part-  of  act-  inconsistent  with  this  act  are 
hereby  repealed,  but  nothing  in  this  act  shall  be  construed  to  repeal  any  Bpecial  act 

applying  to  cities  and  tow  n-. 

Laws  L895,ch.  76;  Public  Statutes  and  Session  Law-.  1901,  ch.  108,  p 

(/)     I  ■■/><■•   tUpply.       It  -hall    be    the   dut  llthof 

the  cities  and  towns  of  the  State  to  examine  and  Inspect  th< 

is  cut,  or  i<  proposed  to  b<-  cut,  for  domestic  use  in  Buch  cities  and  towns,  and  to 

employ  BUCh  mean-   us   may  be  necessary  to  determine  whether  tin  I   BUCh 


372  FOODS  AND  FOOD  CONTROL. 

Boorcee  of  ice  supply  have  been  polluted,  or  whether  ice  taken  therefrom  will  be 
deleterious  to  the  public  health. 

{2)  Polluted  sources.     In  each  ease  where  the  waters  oi  the  sources  of  Lee  supplies 

shall  be  found  so  polluted  that  the  ice  taken  therefrom  will  be  unhealthy  or  unsafe 
for  domestic  use,  the  board  of  health  of  the  city  or  town  concerned  in  the  same  shall 
immediately  notify  such  person  or  persons  as  may  have  taken,  or  who  propose  to 
take,  ice  from  such  polluted  source  for  their  own  domestic  use  or  for  sale  for  domestic 
use,  of  the  dangerous  character  of  the  waters  inspected,  and  that  the  taking  of  BUCh 
ice  for  domestic  use  must  ceae 

(3)  Penalty.  Whoever  knowingly  or  wilfully  shall  cut  or  take  any  ice  for  domestic 
purposes  from  any  waters  which  are  polluted  with  sewage  «»r  other  substances  dele- 
terious or  dangerous  to  life  or  health,  or  from  waters  which  a  hoard  of  health  has 
condemned,  shall  be  lined  not  exceeding  two  hundred  and  fifty  dollars  or  imprisoned 
not  exceeding  six  month-. 

Law-  L897,  Ch.  85;   Public  Statutes  and  Session  Law-.  1901,  ch.   108,  p.  338. 

(1)  Petitions  t<>  Stat*  h<,<ir<l  of,  health.  Wheneverany  board  of  water  commissioners, 
local  hoard  of  health,  or  ten  or  more  citizens  of  any  tow  n  or  city  have  reason  to 
believe  that  a  public  water  or  ice  supply  is  being  contaminated  or  is  in  danger  of  con- 
tamination, and  that  the  local  regulations  are  not  sufficient  or  effective  to  prevent 
such  pollution,  they  may  petition  the  state  board  of  health  to  investigate  the  case 
and  to  establish  such  regulations  as  the  said  board  may  deem  necessary  for  the  pro- 
tection of  the  said  supply  against  any  pollution  that  in  its  judgment  would  endanger 

the  public  health. 

(2)  Regulations  issued  by  Stateboard  of  health.  The  state  board  of  health  shall,  after 
due  investigation,  make  such  regulations  as  it  may  deem  best  to  protect  the  Bald 
Bupply  against  any  dangerous  contamination,  and  the  regulations  so  made  shall  be 

in  force  when  a  copy  is  filed  with  the  town  clerk  and  posted  in  two  or  more  public 
]. lares  in  said  town,  or  published  in  some  newspaper  in  the  county,  and  it  shall  be 
the  fluty  of  the  local  board  of  health  to  enforce  -aid  regulations. 

(3)  Penalty.  Any  person  violating  any  regulation  established  by  the  state  board 
of  health  shall  be  punished  by  a  line  of  twenty  dollars  foreach  offense,  and  a  certilie-' 
copy  under  oath  of  such   regulation,  made  by  the  secretary  of  the  state  board  of 

health  or  by  the  town  clerk  w  here  the  regulations  are  filed,  shall  he  received  as 
prima  facie  evidence  of   the  existence  of  such  regulations  in  any  court  of  the  state. 

Laws  L899,  Ch.  ">7;    Public  Statutes  and  Sessions  Laws.   L901,  ch.   ION.  p.  338. 

.  i .  Polluted  wells,  etc.,  conch  mned;  penalty.  Whenever  the  state  board  of  health, 
upon  investigation  become  satisfied  that  a  well,  spring,  or  other  supply  of  water,  used 

for  domestic  purposes,  has  become  polluted  so  a-  to  endanger  the  public  health  they 
are  authorized    to   prohibit    the    person  or  corporation,  owning   or  controlling  said 

supply,  from  furnishing  such  water  for  domestic  purposes,  until  they  become  satis- 
fied  that   Baid  water- supply  has   been    purified  and    made  tit    for  domestic  use.      Any 

n  or  corporation  official  or  agenl  violating  the  order  of  the  board  shall  be  pun- 
ished by  a  line  o I  not  Less  i  hau  one  hundred  dollars  and  qo<  exceeding  one  thousand 
dollar-  for  each  and  i  \ ery  day  they  continue  to  furnish  water  for  dome-tic  purposes 
ait.r  the  order  qf  the  board  has  been  served  upon  them. 

9ec.  2,  Jurisdiction,  The  superior  court  shall  have  jurisdiction  in  equity  upon 
application  of  the  state  board  of  health  to  enforce  the  orders  of  said  board,  issued  in 
accordance  with  the  provisions  of  section  L. 

9b  .  "•    "Date  of  effect.    This  ad  shall  take  effect  upon  its  passage. 

Approved  March  3,  L908.     Laws  of  L908,  ch.  88,  p.  81. 


